THEODORE GRIFFIN, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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The court denied Griffin's habeas corpus petition and ordered him to show cause why he should not be prohibited from filing further pro se appeals without attorney representation, given his pattern of multiple frivolous post-conviction filings.
A court may order a pro se litigant to show cause why further filings should not be restricted to those signed by licensed counsel when the litigant has submitted multiple frivolous post-conviction appeals.
[1] A court may issue an order to show cause requiring a pro se criminal defendant to demonstrate good cause why future filings should not be restricted to those signed by li…
Previewing 1 of 1 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“We must balance Mr. Griffin's pro se right to access the courts with the Court's need to devote its finite resources to legitimate appeals, recognizing the seriousness of sanctions when the litigant is a criminal defendant.”
Court's explanation of the standard for restricting pro se filings
Theodore Griffin filed numerous pro se post-conviction appeals relating to his criminal sentencing in circuit court case number 11-26509, including at…
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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 Theodore Griffin has submitted multiple pro se post-conviction appeals,1 we order Mr. Grifñn to show good cause within thirty (30) days why this Court should not prohibit him from submitting further pro se appeals, petitions, motions or other proceedings relating to his criminal sentencing in circuit court case number 11-26509, unless such pleadings are signed by an attorney who is a duly licensed member of the Florida Bar in good standing. After this order to show cause and giving Mr. Griffin an opportunity to respond, this Court may prevent such further filings. We must balance Mr. Griffin’s pro se right to access the courts with the Court’s need to devote its finite resources to legitimate appeals, recognizing the seriousness of sanctions when the litigant is a criminal defendant. State v. Spencer, 751 So.2d 47, 48 (Fla.1999).