DERRICK JERMAINE KNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida Third District Court of Appeal imposed a bar on pro se filings by Derrick Knight related to his criminal conviction, allowing him to file only through a licensed attorney. The court balanced Knight's right to access courts against the judiciary's need to manage its resources after Knight had filed at least ten petitions and appeals.
Knight is prohibited from filing pro se pleadings related to his criminal case with the Third District Court of Appeal. However, the court may accept filings that have been reviewed and signed by a licensed Florida Bar attorney in good standing. Unauthorized pro se filings subject Knight to sanctions, including written findings forwarded to the Florida Department of Corrections for disciplinary consideration.
[1] A court may prohibit a litigant from filing further pro se appeals, petitions, motions, or other proceedings related to a specific criminal conviction after issuing an or…
[2] A litigant's attempt to construct an argument on rebuttable inferences rather than on proof does not constitute a showing of good cause to justify further pro se filings.
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Join FLexlaw to unlock all legal intelligence“We must balance Knight's pro se right to access to courts with the Court's need to devote its finite resources to legitimate appeals.”
Establishes the core legal standard for deciding whether to impose sanctions restricting pro se filings
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Join FLexlaw to unlock all legal intelligenceDerrick Jermaine Knight was convicted in 2007 of manslaughter, aggravated battery, shooting a deadly missile into a vehicle, and drug possession offen…
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On March 11, 2015, this Court issued an Opinion affirming the trial court’s latest denial of Derrick Jermaine Knight’s motion seeking post-conviction relief.1 Our Opinion contained an order to show cause why Knight should not be prohibited from filing with this Court any further pro se appeals, petitions, motions and other pleadings related to his criminal conviction in case number 03-28569.
*470Knight filed a response to the show cause order on April 6, 2015. Knight’s response provides no new information or argument for our consideration.
We must balance Knight’s pro se right to access to courts with the Court’s need to devote its .finite resources to legitimate appeals. State v. Spencer, 751 So.2d 47, 48 (Fla.1999) (“[D]enying a pro se litigant the opportunity to file future petitions is a serious sanction, especially where the litigant is a criminal defendant ... ”). Accordingly, after an order to show cause and an opportunity to answer, a court may prevent further filings. Id.
We conclude that Knight has not demonstrated good cause to justify further filings of appeals, petitions, motions and other pleadings with this Court. It is hereby ordered that the Clerk of the Third District Court of Appeal shall refuse to accept further pro se filings related to case number 03-28569; provided, however, that filings related to case number 03-28569 may be accepted by the Clerk if such filings, have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing.
Any such further and unauthorized pro se filings by Knight will subject him to sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for consideration by it for disciplinary action, pursuant to section 944.279(1) of the Florida Statutes.
Order issued.