KEVIN LEON NEAL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court dismissed Neal's habeas corpus petition and imposed sanctions prohibiting him from filing future pro se pleadings without Bar counsel signature, citing his pattern of frivolous filings.
A petitioner who has repeatedly filed frivolous postconviction pleadings may be prohibited from filing future pro se pleadings without representation by a member of The Florida Bar in good standing.
[1] A habeas corpus petitioner who has filed multiple frivolous postconviction pleadings may be sanctioned by prohibition from filing future pro se pleadings without represen…
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Join FLexlaw to unlock all legal intelligenceKevin Leon Neal filed a habeas corpus petition challenging a judgment and sentence from an Escambia County case. He had previously appealed six orders…
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This petition for writ of habeas corpus challenges judgment and sentence in Es-cambia County case number 1995-2618-CFC3-01. Previously, petitioner Neal appealed six orders denying postconviction relief with no relief granted by this court. In Neal v. State, 11 So.3d 359 (Fla. 1st DCA 2009), this court affirmed an order of the circuit court which prohibited petitioner from filing future pro se pleadings unless signed by a member of The Florida Bar. This court directed petitioner to show cause why sanctions should not be imposed against him. Petitioner’s response to the show cause order does not provide a legal basis to refrain from imposition of sanctions. Accordingly, Kevin Leon Neal is hereby prohibited from filing future pro se pleadings with this court unless signed by a member in good standing of The Florida Bar. See State v. Spencer, 751 So.2d 47 (Fla.1999). Further, pursuant to section 944.279, Florida Statutes, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate facility in the Department of Corrections for possible disciplinary action against petitioner.
The petition for writ of habeas corpus is dismissed. See Baker v. State, 878 So.2d 1236 (Fla.2004).
PETITION DISMISSED; SANCTIONS IMPOSED.
THOMAS, WETHERELL, and ROWE, JJ., concur.
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Citator
Cited By
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Percival Charles Ferris, Jr. v. State, 100 So. 3d 142 (Fla. 1st DCA 2012)…d 773 (Fla. 1st DCA 2010) (table). . I say "might” because this court has barred further pro se filings from prisoners who had fewer cases than Appellant. See, e.g., Williams v. State, 102 So. 3d 669 (Fla. 1st DCA 2012) (five cases); Neal v. State, 65 So. 3d 66 (Fla. 1st DCA 2011) (six cases); Cash v. State, 50 So. 3d 792 (Fla. 1st DCA 2010) (nine cases); Obojes v. State, 946 So. 2d 602 (Fla. 1st DCA 2006) (five cases); Baker v. State, 939 So. 2d 167 (Fla. 1st DCA 2006) (four cases). However, this court ha…
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)