JEROME K. LOCKHART A/K/A GREGORY TYRONE HARRIS, PETITIONER,
v.
MICHAEL D. CREWS, ETC., RESPONDENT

Fla. | 2014-01-23
No. SC13-513
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA and PERRY, JJ., concur.
137 So. 3d 368 Florida Supreme Court (2014)

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Synopsis

The Florida Supreme Court affirmed its prior dismissal of Jerome Lockhart's unauthorized habeas corpus petition challenging his robbery conviction and imposed sanctions prohibiting him from filing further pro se pleadings related to his case without representation by a Florida Bar member, finding the petition frivolous after Lockhart failed to show cause why sanctions should not be imposed.


Holding

The Court imposed sanctions prohibiting Lockhart from filing any future pro se pleadings, petitions, motions, or documents related to his case without representation by a member in good standing of The Florida Bar, and directed the Clerk to forward a certified copy of the opinion to the Department of Corrections, finding the petition frivolous under section 944.279(1), Florida Statutes.


Headnotes

[1] A court may dismiss a habeas corpus petition as unauthorized when it is not properly filed according to established rules.

[2] A court may impose sanctions, including the rejection of future filings, on a pro se litigant who abuses the court's resources through frivolous and repetitive filings.

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Key Quotes

“We further conclude that we should not continue denying [] petitions [that attack the results of a petitioner's criminal case(s) ] either on the merits or on grounds that the claims raised are procedurally barred from being considered in collateral postconviction relief proceedings. Instead, we conclude that we should dismiss such petitions as unauthorized.”

Establishes the Baker doctrine requiring dismissal rather than denial of unauthorized petitions challenging criminal convictions.

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Facts & Procedural History

Lockhart was convicted and sentenced to thirty years in prison for robbery by the Circuit Court of Hillsborough County. Following direct appeal affirm…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Jerome K. Lockhart A/K/A Gregory Tyrone Harris, an inmate in state custody, filed a pro se petition for a writ of habeas corpus with this Court challenging his conviction and sentence.1 We dismissed the petition in this case by way of an unpublished order, determining that it was unauthorized pursuant to Baker v. State, 878 So.2d 1236 (Fla.2004).2 Lockhart v. Crews, 2013 WL 3388380, *1 (Fla. Jun. 27, 2013). In disposing of the petition in this case, we expressly retained jurisdiction to pursue possible sanctions against Lockhart.3 Id.; see Fla. R.App. P. 9.410(a) (Sanctions; Court’s Motion).

Lockhart was convicted and sentenced to thirty years in prison for robbery by the Circuit Court of the Thirteenth Judicial Circuit, in and for. Hillsborough County, Florida (Case No. 01-CF-019518). Lock-hart appealed his conviction and sentence to the Second District Court of Appeal, which affirmed the judgment of guilt and the sentence imposed. Harris v. State, 873 So.2d 330 (Fla. 2d DCA 2004) (table decision).

Following his direct appeal, Lockhart filed numerous postconviction claims to no avail. Because the petition filed in this case was Lockhart’s twenty-seventh petition for review or extraordinary writ petition pertaining to his criminal case filed in this Court,4 we issued an order directing *370Lockhart to show cause why he should not be prohibited from filing any further pro se filings in this Court related to case number 01-CF-019518.5 Lockhart did not file a response explaining why the Court should not impose sanctions or expressing remorse for his substantial abuse of the Court’s resources. Instead, he used his opportunity to explain his actions to the Court to file multiple handwritten “motions” in which he again asserts the same challenges to the legality of his conviction and sentence that he has presented in other filings that have been repeatedly denied, dismissed, or transferred. All of these motions are hereby denied. After considering Lockhart’s response, we conclude that it fails to show cause why sanctions should not be imposed. We further conclude that Lockhart’s procedurally barred petition filed in this case is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla. Stat. (2013).

Accordingly, the Clerk of this Court is hereby instructed to reject any future pleadings, petitions, motions, documents, or other filings submitted by Jerome K. Lockhart A/K/A Gregory Tyrone Harris that are related to case number 01-CF-019518, unless such filings are signed by a member in good standing of The Florida Bar. Counsel may file on Lockhart’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith.6 Furthermore, because we have found Lockhart’s petition to be frivolous, we direct the Clerk of this Court, *371pursuant to section 944.279(1), Florida Statutes (2013), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where Lock-hart is incarcerated.7

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA and PERRY, JJ., concur.


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