TITUS LAQUAL HENLEY, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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The Florida Third District Court of Appeal imposed sanctions on Titus Laqual Henley, a pro se criminal defendant, prohibiting him from filing further pro se appeals, petitions, or motions related to his criminal cases after finding he abused the judicial process through repeated filings.
The Court prohibited Henley from filing further pro se filings related to the two criminal cases, finding he failed to show good cause to justify continued pro se filings. The Court balanced Henley's right of pro se access to courts against the Court's need to devote finite resources to legitimate appeals and concluded that sanctions were appropriate.
[1] A court may prohibit a pro se litigant from filing further appeals, petitions, motions, or other proceedings related to a specific case after issuing an order to show cau…
[2] A litigant's pro se right of access to courts must be balanced against the court's need to devote finite resources to legitimate appeals and petitions.
Previewing 2 of 5 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“the tangled record in this case indicates otherwise”
The Court found that despite Henley's claims of not abusing the judicial process, the record demonstrated a pattern of abuse.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHenley had previously filed two consolidated petitions for writs of mandamus, which the Court denied on November 4, 2015. The Court issued an order to…
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On November 4, 2015, this Court issued an opinion denying Titus Laqual Henley’s two most recent petitions for writs of mandamus, which were consolidated. Our opinion denying Henley’s petitions contained an order to show cause why Henley should not be prohibited from filing with this Court any further pro se appeals, petitions, motions or other proceedings related to his criminal sentence in circuit court case numbers 07-17576A and 09-16471A.
Henley responded on November 16, 2015, by filing with this Court a response to the order to show cause. Although Henley argues .in his response that he has not abused the judicial process and has a right to continue to proceed pro se, the tangled record in this case indicates otherwise. Henley’s response raises no new information or argument for our further consideration. Accordingly, we conclude that Henley has not shown good cause to justify further pro se filings of appeals, petitions, motions, or other proceedings with this Court.
As Henley has acknowledged in his response, we must balance Henley’s pro se right of access to courts with this Court’s need to devote finite resources to legitimate appeals. We recognize the seriousness of the sanction when the litigant is a criminal defendant. State v. Spencer, 751 So.2d 47, 48 (Fla.1999). After an order to show cause and an opportunity to respond, however, a court may prevent such further filings if petitioner fails to show good cause. Id.
It is hereby ordered that the Clerk of the Court of the Third District Court of Appeal shall refuse further filings related to lower tribunal case numbers 07-17576A and 09-16471A; provided, however, that filings related to case numbers 07-17576A and 09-16471A may be accepted by the Clerk if such filings have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing.
Any further and unauthorized pro se filings by Henley 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) of the Florida Statutes.
Order issued.
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Henley v. State, 245 So. 3d 955 (Fla. 3d DCA 2018)…of the Third District Court of Appeal to refuse further filings related to these lower tribunal cases unless the filings have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing. Henley v. State, 201 So. 3d 665, 665 (Fla. 3d DCA 2016), review dismissed, No. SC16-1155 (Fla. July 1, 2016), and review dismissed, No. SC 16- 1344 (Fla. July 27, 2016). This Court also warned the defendant as follows: “Any further and unauthorized pro se filings by Henley wi…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)