RICHARD ANTHONY WALKER, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Richard Anthony Walker, a pro se litigant who has filed at least fifteen unsuccessful petitions stemming from his 1984 convictions, filed another petition making frivolous claims and demanding $1.05 billion in compensation from the State. The Third District Court of Appeal dismissed the petition and issued an order to show cause why Walker should be prohibited from filing further pro se pleadings in the case.
The court dismissed Walker's petition and issued an order to show cause directing Walker to explain within thirty days why he should not be prohibited from filing further pro se appeals, pleadings, motions, or petitions relating to his case. Absent a showing of good cause, the court will require any future filings to be reviewed and signed by a licensed Florida Bar attorney, and unauthorized pro se filings may subject Walker to sanctions including disciplinary action and forfeiture of gain time.
[1] A court may issue an order to show cause why a pro se litigant should not be prohibited from filing further appeals, pleadings, motions, or petitions if the litigant has…
[2] The right to proceed pro se is not unfettered and may be forfeited if a party abuses the judicial process by the continued filing of successive or meritless collateral cl…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Walker's meritless filings over the course of more than 25 years have caused this Court to expend precious and finite judicial resources which could otherwise be devoted to those other legitimate cases and claims.”
Establishes the court's concern about the cumulative burden of Walker's frivolous filings on judicial resources and other litigants.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalker was convicted and sentenced in 1984 in circuit court case number 84-7644. Over more than 25 years, he has filed at least fifteen petitions to t…
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Richard Anthony Walker has filed an original petition with this Court, entitled:
*373Petition to Revisit, Reconsider and Correct a Tragic Miscarriage of Justice; With a Non-Negotiable Agreement Between the Parties By Voluntary Understanding and Intentions With Supporting Affidavit of Truth Under Oath in Special Negative Averment to Dismiss or Vacate the Unconstitutionally Obtained Arrest, Multiple Scoring of Victim Injury Points and Multiple Sentences Resulted From the Same Conduct, and to Expunge the Record With Just Compensation
This is at least the fifteenth time Walker has sought relief unsuccessfully in this Court, stemming from his 1984 convictions and sentences.1 The petition is nineteen pages long, and the first six pages are largely boilerplate in nature. To the extent Walker articulates the errors which he asserts occurred below, these claims are alleged to have occurred at sentencing thirty years ago, have previously been raised on direct and collateral appeal, and have been decided on the merits adversely to Walker.
Ordinarily, we would dismiss without further discussion this non-meritorious petition. However, the remaining allegations contained within Walker’s petition warrant further action by this Court, as Walker’s self-styled demands are not merely frivolous, but constitute an abuse of the judicial process.
As the style of the petition indicates, Walker asserts he is entitled to more than simple relief from the sentences imposed. Indeed, Walker appears to unilaterally convert his petition into an independent civil action seeking affirmative relief from the State of Florida. In this portion of the petition, Walker refers to himself as “Plaintiff’ and to the State as “Defendant,” and places the Defendant “on notice” that Walker is “constitutionally mandated to receive $25,000 for every (28) minutes for his unconstitutional arrest and detention].” Walker then avers:
This “Non-Negotiable Agreement” shall go into effect upon Defendant’s silence or failure to respond or defend their cause within (30) days from the date this Petition and non-negotiable agreement with supporting affidavit of truth under oath in special negative averment.
In the event that the State remains uncertain of the exact terms of this “NonNegotiable Agreement,” Walker sets forth with specificity the exact “just compensation” which he claims must be paid to him by the State under the terms of this effectuated-by-silence Agreement:
1. $100 thousand dollars must be place[d] in Plaintiffs Fla. D.O.C. account before this agreement goes into effect.
2. $750 million dollars in (4) checks (1) check for $600 million, (1) check for $80 million and (1) check for $20 million, (and)
3. $300 million in Gold Bars, tax included.
Walker’s petition does not merely seek to litigate issues that are time-barred, sue-*374cessive or without merit. Instead, this petition is so patently frivolous and representative of a pattern of abuse by Walker that this Court is compelled to take action.
Although some might reject Walker’s petition out of hand with little more than a chuckle at his presumed irreverence, courts of review enjoy no such luxury. A reviewing court considers earnestly and thoughtfully every document submitted, and claim advanced, by a party, and often the meritorious nature (or the absence of merit) can be discerned only after a full and considered reading of the document, relevant portions of the record or appendices, and responses by the opposing party. Due consideration of even a frivolous petition requires an expenditure of time, resulting in delay for those parties in unrelated cases who in good faith seek this Court’s expeditious review of their claims. Walker’s meritless filings over the course of more than 25 years have caused this Court to expend precious and finite judicial resources which could otherwise be devoted to those other legitimate cases and claims. Hedrick v. State, 6 So.3d 688, 691 (Fla. 4th DCA 2009) (noting “[a] legitimate claim that may merit relief is more likely to be overlooked if buried within a forest of frivolous claims.”)
Walker has, by his conduct, exhibited a disregard for, and an abuse of, the judicial process, and we cannot simply accept it as the actions of an ill-advised or misguided pro se litigant. While we acknowledge that pro se parties must be afforded a genuine and adequate opportunity to exercise their constitutional right of access to the courts, that right is not unfettered. Although termination of the right to proceed pro se will undoubtedly impose a burden on a litigant who may be unable to afford counsel, the courts must strike a balance between the pro se litigant’s right to participate in the judicial process and the courts’ authority to protect the judicial process from abuse. The right to proceed pro se may be forfeited where it is determined, after proper notice and an opportunity to be heard, that the party has abused the judicial process by the continued filing of successive or merit-less collateral claims in a criminal proceeding. State v. Spencer, 751 So.2d 47 (Fla.1999). As our sister court aptly described it, there comes a point when “enough is enough.” Isley v. State, 652 So.2d 409, 410 (Fla. 5th DCA 1995).
The Petitioner, Richard Anthony Walker, is hereby directed to show cause, within thirty days from the date of this opinion, why he should not be prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his convictions, judgments and sentences in circuit court case number 84-7644. Absent a showing of good cause, we intend to direct the Clerk of the Third District Court of Appeal to refuse to accept any such papers relating to this circuit court case number unless it has been reviewed and signed by an attorney who is a duly licensed member of The Florida Bar in good standing.
Additionally, and absent a showing of good cause, any such further and unauthorized pro se filings by this defendant will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla. Stat. (2012).
Petition dismissed. Order to show cause issued.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
R.L. Williams v. State, 208 So. 3d 766 (Fla. 3d DCA 2016)
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Hedrick v. State, 6 So. 3d 688 (Fla. 4th DCA 2009)
- Walker v. State, 498 So. 2d 688 (Fla. 3d DCA 1986)
- Bradford Downey v. State, 687 So. 2d 949 (Fla. 3d DCA 1997)
- Walker v. State, 687 So. 2d 949 (Fla. 3d DCA 1997)