DERRICK ALLEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This appeal from a 2000 criminal conviction represents at least the twenty-first unsuccessful post-conviction relief attempt by the defendant. Although filed by an attorney (avoiding a pro se filing bar), the court found the petition meritless and more oppressive than previous attempts, summarily affirming the trial court's decision.
The court affirmed the trial court's denial of relief without discussion, finding the petition meritless and refusing to grant the requested evidentiary hearing.
[1] A petition for post-conviction relief filed by a member of the Florida Bar is not subject to the prohibition against further pro se post-conviction filings.
[2] A court may affirm a dismissal of a post-conviction relief petition that is meritless and oppressive, even when filed by counsel.
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Join FLexlaw to unlock all legal intelligence“This appeal is from what is at least the twenty-first unsuccessful attempt at relief from the defendant's 2000 criminal conviction.”
Establishes the context of chronic, repetitive post-conviction filings spanning over a decade
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Join FLexlaw to unlock all legal intelligenceDerrick Allen was convicted in 2000 and has filed at least twenty-one post-conviction relief petitions since then. The current petition was filed by a…
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This appeal is from what is at least the twenty-first unsuccessful attempt at relief from the defendant’s 2000 criminal conviction. Notwithstanding that the petition was filed below by a member of the Florida Bar, Andrew F. Rier, thus obviating the prohibition of further pro se post-conviction filings we ordered in Allen v. State, 16 *461So.3d 152 (Fla. Bd DCA 2009), the present action is just as meritless and, under the circumstances, even more oppressive1 than the previous ones.
Affirmed.