LEONARDO T. MORALES, PETITIONER,
v.
THE STATE OF FLORIDA, ET AL., REPONDENTS
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The Florida Third District Court of Appeal denied Leonardo Morales's petition for a writ of habeas corpus challenging his criminal sentence and imposed restrictions on his future pro se filings with the court, requiring any further filings to be signed by a licensed Florida attorney.
The Court affirmed its denial of Morales's habeas corpus petition and imposed restrictions prohibiting Morales from filing any further pro se filings related to case number 85-3768 without an attorney's review and signature. The Court held that the matter is well settled on the merits and that Morales failed to show good cause for further pro se filings.
[1] A prior re-sentencing de novo moots arguments regarding the lawfulness of an earlier sentence.
[2] A court may prohibit a litigant from filing further pro se appeals, petitions, or motions after issuing an order to show cause and providing an opportunity to respond.
Previewing 2 of 5 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“We must balance Morales's pro se right of access to courts with this Court's need to devote finite resources to legitimate appeals, recognizing the seriousness of the sanction when the litigant is a criminal defendant.”
Establishes the legal standard for restricting pro se filings by balancing access to courts against judicial efficiency and the severity of the sanction for criminal defendants.
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Join FLexlaw to unlock all legal intelligenceMorales was convicted of two crimes in circuit court case number 85-3768 and received a criminal sentence. He filed a habeas corpus petition contendin…
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On June 3, 2015, this Court issued an opinion denying Leonardo T. Morales’s petition for a writ of habeas corpus. Our opinion contained an order to show cause why Morales should not be prohibited from filing with this Court any further pro se appeals, petitions, motions or other proceedings related to his criminal sentence in circuit court case number 85-3768.
Morales responded by filing with this Court a motion for rehearing/reconsideration, a response to the order to show cause, and a request for a written opinion. In this omnibus submission, Morales again raises his contention that his criminal sentence was illegal because his sentencing guidelines scoresheet misidentified the primary offense (of the two crimes for which he was convicted).
Morales’s response raises no new information or. argument for our consideration. This matter is well settled on the merits.1 Accordingly, we conclude that Morales has not shown good cause to justify further pro se filings of appeals, petitions, motions, or other proceedings with this Court.
We must balance Morales’s pro se right of access to courts with this Court’s need to devote finite resources to legitimate appeals, recognizing the seriousness of the sanction when the litigant is a criminal *534defendant. State v. Spencer, 751 So.2d 47, 48 (Fla.1999). After an order to show cause and an opportunity to respond, a court may prevent such further filings. Id.
It is hereby ordered that the Clerk of the Court of the Third District Court of Appeal shall refuse further filings related to case number 85-3768; provided, however, that filings related to case number 85-3768 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 further and unauthorized pro se filings by Morales 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.
The motion for rehearing is denied.
Order issued.