MICHAEL JOSEPH NILIO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Joseph Nilio appealed the circuit court's denial of his habeas corpus petition. The appellate court summarily affirmed the denial, holding that habeas corpus is not available as a substitute for post-conviction proceedings and that Nilio had not shown a preliminary basis for reversal.
The court summarily affirmed the circuit court's denial of the habeas corpus petition, holding that habeas corpus is not available as a second appeal or substitute for post-conviction proceedings under applicable criminal procedure rules.
[1] A writ of habeas corpus is not available as a second appeal or a substitute for post-conviction proceedings.
[2] A court may decline to sanction a pro se litigant for future filing limitations, despite a history of numerous filings, if the litigant demonstrates a misunderstanding of…
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Join FLexlaw to unlock all legal intelligence“the writ of habeas corpus is not available as a second appeal or substitute for post-conviction proceedings under the applicable rules of criminal procedure”
Establishes the primary legal principle supporting the affirmance of the circuit court's denial
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Join FLexlaw to unlock all legal intelligenceNilio filed a petition for writ of habeas corpus in the circuit court, which was denied by order entered March 4, 2015. Nilio had previously filed twe…
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Michael Joseph Nilio appeals the circuit court’s denial of his petition for writ of habeas corpus, by order entered March 4, 2015.1 In light of Appellant’s numerous pro se filings in this court, and noting this court’s opinion and remand in Nilio v. State, 165 So.3d 779 (Fla. 1st DCA 2015) for post-conviction proceedings, on September 29, 2015, this court issued an order for Appellant to show cause why the order on appeal here should not be summarily affirmed. Fla. R. App. P. 9.315, 9.410.
Appellant timely responded to this court’s order to show cause, but his response does not show a preliminary basis for reversing the circuit court’s order. It is well settled that the writ of habeas corpus is not available as a second appeal or substitute for post-conviction proceedings under the applicable rules of criminal procedure. Accordingly, the circuit court’s order entered March 4, 2015 is summarily affirmed pursuant to rule 9.315, Florida Rules of Appellate Procedure.
Appellant’s response denies any bad faith filing and shows merely a basic misunderstanding of the rules governing the procedures of this court. In spite of Appellant’s twenty-one previous appeals in this court, and the twelve appeals filed subsequent to this appeal, all pertaining to the judgments and sentences entered in 2010 by the Fourth Judicial Circuit in Nassau County, Florida; and considering Appellant’s response to this court’s order to show cause; the court declines to sanction *1287Appellant by limiting his filings in this court to those signed by a member of the Florida Bar at this time. See Pettway v. McNeil, 987 So.2d 20 (Fla.2008); Hall v. State, 94 So.3d 655 (Fla. 1st DCA 2012). Appellant is cautioned that abuse of this court’s processes in the future may subject him to such limitations.
BENTON, OSTERHAUS and BILBREY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pettway v. McNEIL, 987 So. 2d 20 (Fla. 2008)
- Wendall Hall v. State, 94 So. 3d 655 (Fla. 1st DCA 2012)
- Sade Marie Dunbar v. State, 94 So. 3d 655 (Fla. 1st DCA 2012)
- Nilio v. State, 165 So. 3d 779 (Fla. 1st DCA 2015)