JULIUS J. HALYARD, JR., DOC # 491652, APPELLAHT,
v.
STATE OF FLORIDA, APPELLEE; JULIUS J. HALYARD, DOC # 491652, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2015-05-06
Nos. 2D13-3876, 2D14-181
Altenbernd, J., Northcutt, J., LaRose, J.
176 So. 3d 993 Florida District Court of Appeal, Second District (2015) Positive Treatment

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Synopsis

Florida appellate court affirmed denial of postconviction motions challenging a conviction for soliciting lewd or lascivious conduct, cautioning the pro se appellant against future frivolous filings.


Holding

The court affirmed the postconviction orders denying relief from a conviction for soliciting lewd or lascivious conduct.


Headnotes

[1] A pro se litigant who has filed multiple unsuccessful proceedings in an appellate court may be subject to an order to show cause regarding future filings related to the s…

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Facts & Procedural History

Julius J. Halyard was convicted in 2005 of soliciting lewd or lascivious conduct. His direct appeal was affirmed seven years prior in 2008.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Julius J. Halyard appeals two orders denying postconviction motions. We have consolidated these appeals for the purpose of issuing this opinion because the postcon-viction motions in both appeals challenge Mr. Halyard’s conviction for soliciting lewd or lascivious conduct, which resulted from his conduct in 2005. This court affirmed his direct appeal seven years ago in Halyard v. State, 982 So.2d 695 (Fla. 2d DCA 2008) (Hillsborough County Circuit Criminal Case Number 06-CF-2787).

We affirm without comment the postcon-viction orders that are the subject of these appeals. Mr. Halyard has had at least six previously decided, unsuccessful proceedings in this court arising from this criminal case or from civil actions that he has initiated against various parties connected to this criminal case. None of these proceedings has had merit. Although in these two appeals we did not issue orders to show why this court should not direct the clerk to reject such pleadings, see State v. Spencer, 751 So.2d 47, 48-49 (Fla.1999), Mr. Halyard is cautioned that in any future pro se.proceeding commenced in this court related to this criminal conviction, we will first review the matter to determine whether an order to show cause should be issued. See Casey v. State, 158 So.3d 667 (Fla. 2d DCA 2014).

Affirmed.

ALTENBERND, NORTHCUTT, and LaROSE, JJ., Concur.


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