JEAN J. JULES, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Jean J. Jules filed a petition for writ of mandamus seeking review of his claim that the trial court failed to consider victim input at his 1989 sentencing. The court denied the petition as an improper attempt to relitigate an issue already decided, and issued an order to show cause why Jules should not be prohibited from filing further pro se appeals related to his criminal case.
The court denied Jules's petition for writ of mandamus because it represents an improper attempt to relitigate an issue already disposed of in a prior appeal. The court issued an order to show cause directing Jules to demonstrate good cause why he should not be prohibited from filing further pro se filings related to his criminal sentencing, with the warning that unauthorized filings could result in sanctions and referral to the Department of Corrections for disciplinary action.
[1] A petition for writ of mandamus is inappropriate to seek review of an issue already disposed of by an appellate court.
[2] An appellate court may issue an order to show cause why a party should not be prohibited from filing further pro se appeals, petitions, motions, or other proceedings rela…
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Join FLexlaw to unlock all legal intelligence“Jules's petition for writ of mandamus is Jules's attempt to employ a different procedure to obtain review of an issue already disposed of by this Court.”
Establishes the court's reasoning for denying the petition—it is an improper attempt to relitigate an already-decided issue through a different procedural mechanism.
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Join FLexlaw to unlock all legal intelligenceJules was convicted in 1989 pursuant to a negotiated plea of burglary of an occupied dwelling, burglary of a dwelling with a firearm, and grand theft …
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Jean J. Jules petitions this Court for a writ of mandamus apparently seeking to compel the trial court once again to review Jules’s allegation that when Jules was found guilty of several crimes1 in 1989, the trial court failed to consider victim input pursuant to Florida Statutes section 921.143(1) (1989). Jules’s petition for writ of mandamus is Jules’s attempt to employ a different procedure to obtain review of an issue already disposed of by this Court. Jules v. State, 117 So.2d 1098 (Fla 3d DCA 2013) (Table). Accordingly, we deny the petition for writ of mandamus and issue an order to show cause as described below.
ORDER TO SHOW CAUSE
This Court has reviewed multiple post-conviction petitions that Jules has filed *49either initially in the trial court or directly with this Court.2
Jules is hereby directed to show cause, within forty-five days from the date of this opinion, why he should not be prohibited from filing any further pro se appeals, petitions, motions or other proceedings related to his criminal sentencing in circuit court case numbers F89-2983 and F88-33816.
If Jules does not demonstrate good cause, any such further and unauthorized filings by Jules 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 forfeiture of gain time. See § 944.279(1), Fla. Stat. (2014).
Petition denied. Order to show cause issued.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jules v. State, 909 So. 2d 962 (Fla. 3d DCA 2005)
- Jules v. State, 584 So. 2d 237 (Fla. 3d DCA 1991)
- Sheldon v. Simmons, 584 So. 2d 237 (Fla. 3d DCA 1991)