ALBERT OWENS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2016-03-30
No. 3D16-252
Before SUAREZ, C.J., and FERNANDEZ and LOGUE, JJ.
197 So. 3d 1104 Florida District Court of Appeal, Third District (2016)

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Holding

The court denied the petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se appeals.


Facts & Procedural History

Albert Owens filed multiple pro se post-conviction appeals. The court reviewed a petition for writ of habeas corpus and noted the petitioner's history…

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Opinion of the Court
SUAREZ, C.J.

SUAREZ, C.J.

Following review of the petition for writ of habeas corpus, it is ordered that said petition is hereby denied.

ORDER TO SHOW CAUSE

Furthermore, as it appears that Albert Owens has submitted multiple pro se post-conviction appeals,1 we order Mr. Owens to show good cause within thirty (30) days why he should, not be prohibited from filing with this Court any further pro se appeals, petitions, motions or other proceedings related to his criminal sentencing in circuit court case numbers 98-43178 and 98-43179.2 We must balance Mr. Owens’s pro se right of access to courts with the Court’s need to devote its finite resources to legitimate appeals, recognizing the seriousness of the sanction when the litigant is a criminal defendant. State v. Spencer, 751 So.2d 47, 48 (Fla.1999). After this order to show cause and giving Mr. Owens an opportunity to respond, this Court may prevent such further filings. See id.


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