MICHAEL T. WEAVER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida District Court of Appeal affirmed its denial of Michael Weaver's habeas corpus petition challenging his 1999 criminal sentence and imposed sanctions prohibiting him from filing further pro se appeals or petitions related to that case without attorney representation.
Weaver did not demonstrate good cause for further filings, and the court imposed sanctions prohibiting him from filing pro se submissions related to his case, except through licensed Florida Bar attorneys in good standing.
[1] A court may prevent further pro se filings after issuing an order to show cause and providing an opportunity to answer.
[2] A valid plea agreement constitutes clear and convincing grounds for a judge to impose a departure sentence.
Previewing 2 of 4 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“denying a pro se litigant the opportunity to file future petitions is a serious sanction, especially where the litigant is a criminal defendant”
Establishes the serious nature of restricting pro se filing rights and the need for careful judicial consideration
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Join FLexlaw to unlock all legal intelligenceMichael Weaver was sentenced in 1999 in criminal case number 94-37277 pursuant to a plea agreement in which he exchanged a guilty plea to second degre…
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On April 29, 2015, this Court issued an opinion denying Michael T. Weaver’s petition for writ of habeas corpus, which challenged the legality of Weaver’s 1999 criminal sentence. Our opinion contained an order to show cause why Weaver should not be prohibited from filing with this Court any further pro se appeals, petitions, motions, or other proceedings related to his criminal sentencing in circuit court case number 94-37277.
Weaver’s response to the show cause order introduces no new argument or information for our consideration. We conclude that Weaver has not demonstrated good cause to justify further filings of appeals, petitions, motions, and other pleadings with this Court.1
We must balance Weaver’s pro se right of 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) (“[Djenying 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.
It is hereby ordered that the Clerk of the Court of the Third District Court of Appeal shall refuse to accept further pro se filings related to case number 94-37277; provided, however, that filings related to case number 94-37277 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 Weaver 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)