DUANE ISAAC WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Duane Walker appeals an order denying his motion to correct sentence, continuing a pattern of repeated post-conviction appeals and petitions since his 2003 conviction. The court affirmed the trial court's denial and issued an order to show cause why Walker should not be prohibited from filing further pro se appeals related to his criminal case.
The court affirmed the trial court's denial of the motion to correct sentence and issued an order to show cause directing Walker to demonstrate good cause within forty-five days why he should not be prohibited from filing further pro se appeals, petitions, motions, or other proceedings related to his criminal case.
[1] A court may prohibit a party from filing further pleadings related to a conviction or sentence unless reviewed and signed by a licensed attorney, especially after repeate…
[2] A party who fails to respond to an order to show cause why further pro se filings should not be prohibited may be subject to such prohibition.
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“Walker has filed repeated appeals and petitions for post-conviction relief since a 2003 judgment and sentence.”
Establishes the pattern of repeated filings by Walker that prompted the court's action.
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Join FLexlaw to unlock all legal intelligenceWalker pled guilty to aggravated battery in 1997 and was initially sentenced to 364 days in jail and five years probation. He was subsequently charged…
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Duane Isaac Walker appeals an Order Denying Defendant’s Motion to Correct Sentence, dated January 21, 2015. As the order on appeal points out, Walker has filed repeated appeals and petitions for post-conviction relief since a 2003 judgment and sentence.1 Walker’s allegations *1067in the instant case have been reviewed and disposed of already by this Court. See Walker v. State, 60 So.3d 403 (Fla. 3d DCA 2011) (Table). On numerous occasions, this Court has reviewed Walker’s other, related, unsuccessful post-conviction petitions.2 Accordingly, we both affirm the decision of the trial court and issue an order to show cause as described below.
ORDER TO SHOW CAUSE
Walker is hereby directed -to show cause, within forty-five days from the date of this opinion, why he should not be pro-' hibited from filing any further pro se appeals, petitions, motions of other proceedings related to his criminal sentencing in circuit court case number 97-28661.
If Walker does not demonstrate good cause, any such further and unauthorized filings by Walker will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for. its consideration of disciplinary action, including forfeiture of gain time. See § 944.279(1), Fla. Stat. (2014).
Affirmed. Order to show cause issued.
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