RICHARD APONTE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Richard Aponte filed a petition for writ of mandamus seeking to compel the trial court to rule on a motion to suppress statements filed twelve years earlier. The Florida Third District Court of Appeal denied the petition and, citing Aponte's pattern of meritless filings in the same underlying case, prohibited him from filing further pro se appeals or motions related to that case without representation by a Florida Bar member.
The court denied Aponte's petition for writ of mandamus and prohibited him from filing further pro se appeals, petitions, or motions related to lower tribunal case number 99-30165-K unless represented by a Florida Bar member in good standing.
[1] A court may prohibit a pro se litigant from filing further papers challenging a conviction if the litigant has abused the legal process through repetitive and meritless f…
[2] A court may require a pro se litigant who has abused the legal process to obtain representation by a licensed attorney before initiating new collateral attacks on a convi…
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Join FLexlaw to unlock all legal intelligence“Aponte concedes he was informed his motion to suppress was denied, this petition is yet another in a series of what we have construed to be meritless filings by Aponte.”
Establishes that the court found the petition meritless and part of a pattern of frivolous filings
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAponte filed a petition for writ of mandamus on January 7, 2013, alleging the trial court failed to rule on his motion to suppress statements filed in…
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ON ORDER TO SHOW CAUSE
On January 7, 2013, Richard Aponte filed a Petition for Writ of Mandamus, contending the trial court did not rule on his motion to suppress statements, filed twelve years earlier.
Putting aside for the moment the fact Aponte concedes he was informed his motion to suppress was denied, this petition is yet another in a series of what we have construed to be meritless filings by Aponte.1 By our count, this is the twelfth motion Aponte has filed stemming from lower tribunal case number 99-30165-K.
On January 16, 2013, this court denied the instant petition for writ of mandamus and simultaneously ordered Aponte to show cause why he should not be prohibited from filing further pro se appeals, petitions, or motions stemming from lower tribunal case number 99-30165-K. Having received no response to our order to show cause, we 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 related to lower tribunal case number 99-30165-K, unless they are filed *237by a Florida Bar member in good standing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- Jones v. State, 829 So. 2d 383 (Fla. 3d DCA 2002)
- Renard Williams v. State, 915 So. 2d 1276 (Fla. 3d DCA 2005)
- Aponte v. State, 915 So. 2d 1276 (Fla. 3d DCA 2005)