RODNEY MCCUTCHEON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT; RODNEY MCCUTCHEON, PETITIONER, V. MICHAEL D. CREWS, ETC., RESPONDENT
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The court held that the inmate's pro se petitions were unauthorized and frivolous, warranting sanctions.
[1] A court may dismiss pro se habeas corpus petitions filed by non-capital defendants as unauthorized when they seek collateral postconviction relief that should be pursued…
[2] A court may prohibit a prisoner from filing further pro se pleadings in that court if the prisoner has a history of frivolous filings and fails to show cause why such san…
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Join FLexlaw to unlock all legal intelligenceAn inmate filed multiple pro se petitions for writs of habeas corpus which were dismissed as unauthorized. The inmate has a history of convictions and…
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Rodney McCutcheon, an inmate in state custody, filed pro se petitions for writs of habeas corpus with this Court in these two cases that have now been consolidated for purposes of this opinion.1 We dismissed the petitions in these cases by way of unpublished orders, determining that the petitions were unauthorized pursuant to Baker v. State, 878 So.2d 1236 (Fla.2004).2 In disposing of the petitions, we expressly retained jurisdiction to pursue possible sanctions against McCutcheon.3 See Fla. R.App. P. 9.410(a).
In 1972, McCutcheon was convicted and sentenced to life imprisonment for committing capital sexual battery in Broward County, Florida (case No. F72-23029). In a separate case, he pled to and was adjudicated guilty of the offense of unlawful use of a motor vehicle (case No. F72-17985). McCutcheon was paroled from his prison sentence for a time; however, his parole was revoked in 1990 when he was convicted of trafficking in stolen property in Broward County (case No. F89-22827).
Since his parole was revoked, McCut-cheon has unsuccessfully attempted collateral attacks on his present sentence in the courts below.4 Since 1992, McCutcheon has filed multiple pro se extraordinary writ petitions and other proceedings with this Court seeking relief from his conviction and sentence. We observe that in none of the petitions McCutcheon filed in this Court has any relief been granted.5 *771Because the petitions filed in the instant consolidated cases were dismissed as unauthorized and also were the ninth and tenth pro se proceedings initiated by McCut-cheon in this Court pertaining to his criminal cases, we issued an order directing McCutcheon to show cause why he should not be prohibited from filing any further pro se filings in this Court related to his criminal cases, unless such filings are signed by a member in good standing of The Florida Bar.6 After considering McCutcheon’s response, we conclude that it fails to show cause why he should not be sanctioned. We further conclude that McCutcheon’s unauthorized petitions are frivolous proceedings brought to this Court by a prisoner. See § 944.279, Fla. Stat. (2012). McCutcheon has compiled a history of pro se filings in this Court that, like the instant habeas corpus petitions, were devoid of merit or inappropriate for review in this Court.
Accordingly, the Clerk of this Court is hereby instructed to reject any future pleadings, petitions, motions, documents, or other filings submitted by Rodney McCutcheon that are related to case numbers F72-23029, F72-17985, or F89-22827, unless such filings are signed by a member in good standing of The Florida Bar. Counsel may file on McCutcheon’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith.7 Furthermore, since we have found McCutcheon’s petitions to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2012), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where McCutcheon is incarcerated.8
It is so ordered.
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA and PERRY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Clark v. Crews, 159 So. 3d 122 (Fla. 2014)…le) (habeas dismissed). . In recent years, we have imposed comparable sanctions on other litigants whose pro se filing practices have exhibited their disregard for abusing the scarce judicial resources of this Court. See, e.g., McCutcheon v. State, 117 So. 3d 769 (Fla.2013); James v. Tucker, 75 So. 3d 231 (Fla.2011); Johnson v. Rundle, 59 So. 3d 1080 (Fla.2011); Steele v. State, 14 So. 3d 221 (Fla.2009); Pettway v. McNeil, 987 So. 2d 20 (Fla.2008).…
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Annamarie Riethmiller v. Riethmiller, 133 So. 3d 926 (Fla. 2013)…future pro se filings). . In recent years, we have imposed comparable sanctions on other litigants whose pro se filing practices have exhibited their disregard for abusing the scarce judicial resources of this Court. See, e.g., McCutcheon v. State, 117 So. 3d 769 (Fla.2013); James v. Tucker, 75 So. 3d 231 (Fla.2011); Johnson v. Rundle, 59 So. 3d 1080 (Fla.2011); Steele v. State, 14 So. 3d 221 (Fla.2009); Pettway v. McNeil, 987 So. 2d 20 (Fla.2008).…
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Green v. State, 190 So. 3d 1026 (Fla. 2016)…have imposed comparable sanctions on other litigants whose pro se filing practices have exhibited their disregard [*1028] for abusing scarce judicial resources in this Court See, e,g., Clark v. Crews, 159 So. 3d 122 (Fla.2014); McCutcheon v. State, 117 So. 3d 769 (Fla.2013); James v. Tucker, 75 So. 3d 231 (Fla.2011); Johnson v. Rundle, 59 So. 3d 1080 (Fla.2011); Steele v. State, 14 So. 3d 221 (Fla.2009); Pettway v. McNeil, 987 So. 2d 20 (Fla.2008). . See, e.g., Clark, 159 So. 3d at 123; McCutcheon, 117 So.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Pettway v. McNEIL, 987 So. 2d 20 (Fla. 2008)
- Steele v. State, 14 So. 3d 221 (Fla. 2009)
- McCUTCHEON v. State, 44 So. 3d 156 (Fla. 4th DCA 2010)
- Johnson v. Rundle, 59 So. 3d 1080 (Fla. 2011)
- James v. Tucker, 75 So. 3d 231 (Fla. 2011)
- Tate v. McNEIL, 983 So. 2d 502 (Fla. 2008)
- Gurley v. State, 915 So. 2d 1196 (Fla. 2005)
- Mager v. Garfinkel, 75 So. 3d 1245 (Fla. 2011)