DOUGLAS T. EDWARDS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Edwards, an incarcerated pro se litigant, filed multiple appeals and motions regarding his 1994 conviction. The Florida Third District Court of Appeal imposed sanctions precluding Edwards from filing further pro se filings relating to that conviction unless represented by a licensed Florida attorney, finding that he had become a vexatious litigant.
The court concluded that Edwards had become a vexatious litigant and directed the Clerk to refuse to accept any further appeals, pleadings, motions, petitions or other papers relating to Edwards' conviction and sentence in the original case unless filed and signed by a member of the Florida Bar in good standing.
[1] A court may preclude a party from filing further pro se appeals, petitions, or motions when the party has repeatedly filed frivolous claims.
[2] There is no constitutional right to file a frivolous lawsuit.
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Join FLexlaw to unlock all legal intelligence“We recognize that incarcerated persons should and do have a full panoply of procedural vehicles with which to challenge the lawfulness of their incarcerations.”
Establishes the principle that incarcerated persons retain broad procedural rights to challenge their convictions.
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Join FLexlaw to unlock all legal intelligenceEdwards was convicted and sentenced in lower tribunal case number 94-21946. Over approximately 18 years, Edwards filed numerous pro se appeals, pleadi…
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In Edwards v. State, 96 So.3d 900, 2012 WL 3031521 (Fla. 3d DCA 2012) (table), this court affirmed the denial of Edwards’ most recent pro se filing with this court concerning his conviction and sentence imposed in lower tribunal number 94-21946. That same day this court ordered Edwards to show cause why he should not be precluded from filing further pro se appeals, petitions, or motions in this court regarding the conviction and sentence imposed in this case.
As this court has stated:
“We recognize that incarcerated persons should and do have a full panoply of procedural vehicles with which to challenge the lawfulness of their incarcerations.” Hepburn v. State, 934 So.2d 515, 517 (Fla. 3d DCA 2005); Johnson v. State, 915 So.2d 682, 684 (Fla. 3d DCA 2005). There is, however, no constitutional right to file a frivolous lawsuit. See Hepburn, 934 So.2d at 517-18; see also Lewis v. Casey, 518 U.S. 343, 353 n. 3,116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (“Depriving someone of a frivolous claim ... deprives him of nothing at all, except perhaps the punishment of ... sanctions.”). As this Court stated in Lanier v. State, 983 So.2d 658, 660 (Fla. 3d DCA 2008), Hicks v. State, 974 So.2d 1116, 1118 (Fla. 3d DCA 2008), and Minor v. State, 963 So.2d 797, 799 (Fla. 3d DCA 2007), “there comes a point where enough is enough.”
Barber v. State, 994 So.2d 376, 377 (Fla. 3d DCA 2008).
After carefully considering Edwards’ response to this court’s show cause order, see State v. Spencer, 751 So.2d 47 (Fla.1999), and this court’s independent review of the many pro se filings made by Edwards in this court arising out of lower tribunal case number 94-21946,1 we conclude that Edwards has reached the point where enough is enough. We therefore direct the Clerk of the Third District Court of Appeal to refuse to accept for filing in this court any further appeals, pleadings, motions, petitions or other papers relating to Edwards’ conviction and sentence in lower tribunal number 94-21946, unless they are filed and signed by a member of the Florida Bar in good standing.
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Montesinos v. State, 143 So. 3d 1055 (Fla. 3d DCA 2014)
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Keithan Darnell Battie v. State, 117 So. 3d 71 (Fla. 3d DCA 2013)
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Katracy Dawson v. State, 121 So. 3d 63 (Fla. 3d DCA 2013)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Lewis v. Casey, 518 U.S. 343 (U.S. 1996)
- Hepburn v. State, 934 So. 2d 515 (Fla. 3d DCA 2005)
- Johnson v. State, 915 So. 2d 682 (Fla. 3d DCA 2005)
- Minor v. State, 963 So. 2d 797 (Fla. 3d DCA 2007)
- Irwin Hicks, Jr. v. State, 974 So. 2d 1116 (Fla. 3d DCA 2008)
- Gus Lanier v. State, 983 So. 2d 658 (Fla. 3d DCA 2008)
- Curry v. State, 955 So. 2d 579 (Fla. 3d DCA 2007)
- Barber v. State, 994 So. 2d 376 (Fla. 3d DCA 2008)