PETER H. MARKLAND, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2016-06-22
No. 3D16-1086
Before SUAREZ, C.J., and ROTHENBERG and EMAS, JJ.
197 So. 3d 1138 Florida District Court of Appeal, Third District (2016)

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Holding

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


Facts & Procedural History

The petitioner filed a petition for writ of habeas corpus. The court noted that the petitioner has a history of multiple pro se post-conviction appeal…

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Opinion of the Court
SUAREZ, C.J.

SUAREZ, C.J.

Following review of Peter Markland’s petition for writ of habeas corpus, it is ordered that said petition is successive and hereby denied.

ORDER TO SHOW CAUSE

Furthermore, as it appears that Mr. Markland has submitted multiple pro se post-conviction appeals,1 we order Mr. *1139Markland 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 conviction and sentencing in circuit court case number F90-34718.

We must balance Mr. Markland’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. Markland an opportunity to respond, this Court may prevent such further filings. See id.

Petition denied.


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