ERNEST M. FLOWERS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2016-05-04
No. 3D14-2989
Fernandez, J.
190 So. 3d 230 Florida District Court of Appeal, Third District (2016)

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Synopsis

The court affirmed its prior denial of habeas corpus and imposed a bar on further pro se filings by Flowers in the appellate court without attorney representation, subject to sanctions for violation.


Holding

A petitioner who has repeatedly filed pro se pleadings without demonstrating good cause may be prohibited from filing further pro se documents in the appellate court absent attorney representation.


Headnotes

[1] A petitioner who repeatedly files pro se pleadings without demonstrating good cause may be prohibited from filing further pro se documents in an appellate court absent at…

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Facts & Procedural History

Ernest M. Flowers sought a writ of habeas corpus challenging his conviction and sentence in case number F02-015545C. The court previously denied his a…

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Opinion of the Court
FERNANDEZ, J.

FERNANDEZ, J.

This Court issued an opinion on July 8, 2015 denying Ernest M. Flowers’ amended petition for a writ of habeas' corpus. See Flowers v. State, 2015 WL 4111336 (Fla. 3d DCA 2015). The opinion contained an order directing Flowers to show cause why he should not be prohibited from filing any further pro se pleadings in this Court concerning his conviction and sentence imposed in case number F02-015545C. Flowers’ response to the show cause order offers no new argument, information, or other basis to persuade this Court to allow him to continue filing further pro se documents in this Court. This Court thus concludes that Flowers has not demonstrated good cause to justify further filings of appeals, petitions, motions, and other pleadings in this Court.

Therefore, the Clerk of the Court of the Third District Court of Appeal shall refuse to accept further pro se filings related to case number F02-015545C, unless 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 Flowers 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), Florida Statutes (2004).

Order issued.


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