MICHAEL CHARLES DESUE, PETITIONER,
v.
JULIE L. JONES, ETC., RESPONDENT

Fla. | 2017-03-23
No. SC16-1222
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, and POLSTON, JJ„ concur., LAWSON, J., did not participate.
213 So. 3d 801 Florida Supreme Court (2017) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court sanctioned Michael Charles Desue, a state prisoner who had filed twenty-seven frivolous petitions with the Court, by barring him from filing future pro se pleadings concerning his 1987 forgery convictions and 1992 robbery convictions unless represented by counsel. The decision addresses the Court's authority to sanction serial abusers of its limited resources.


Holding

The Court determined that Desue's pattern of filing frivolous petitions constitutes abuse of the Court's limited resources, and barred him from filing any future pro se pleadings concerning his 1987 forgery convictions and 1992 robbery convictions unless represented by licensed counsel who determines the proceeding may have merit and can be filed in good faith.


Headnotes

[1] A court may sanction a party for abuse of its limited resources by filing frivolous or meritless requests for relief.

[2] A prisoner who repeatedly files frivolous or meritless pleadings may be barred from filing future pro se requests for relief concerning specific convictions or sentences.

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Key Quotes

“We are convinced that, if left unrestrained, Desue will continue to abuse this Court's limited resources and continue filing requests for relief that are either frivolous, meritless, or otherwise in appropriate for review by this Court.”

Establishes the Court's basis for imposing sanctions and the necessity of requiring counsel participation to screen future filings.

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Facts & Procedural History

Desue was convicted in 1987 of uttering forgery and sentenced to probation, which was revoked in 1989 resulting in a prison sentence. In 1992, he was …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Michael Charles Desue has filed a pro se petition for writ of habeas corpus with the Court.1 This is the twenty-seventh petition or notice Desue has filed with this Court. We dismissed the petition, retained jurisdiction, and directed Desue to show cause why he should not be sanctioned for his abuse of the Court’s limited resources. Desue v. Jones, No. SC16-1222, Order at 1, 2016 WL 5720859 (Fla. Sept. 29, 2016); see Fla. R. App. P. 9.410(a) (Sanctions; Court’s Motion).

Desue has a long history with the courts of this state. In 1987, he was convicted of several counts of uttering forgery in the Circuit Court for the Fourteenth Judicial Circuit, in and for Bay County, Florida, and sentenced to a term of probation (Case Nos. 87-CF-155, 87-CF-156, 87-CF-157, 87-CF-392, 87-CF-393, 87-CF-400, 87-CF-401, 87-CF-433, 87-CF-434, and 87-CF-435). See Desue v. State, 605 So.2d 933, 934 (Fla. 1st DCA 1992). The circuit court subsequently revoked Desue’s probation in 1989 and sentenced him to a term of years on each forgery conviction. The First District Court of Appeal affirmed each conviction on appeal. Id.

In 1992, Desue was convicted of robbery with a deadly weapon and robbery without a weapon in the Fourteenth Judicial Circuit (Case No. 92-CF-266). The circuit court sentenced Desue as a habitual felony offender to life in prison on the robbery with a deadly weapon count, and to thirty years’ imprisonment on the robbery without a weapon count. In 1994, the First District affirmed Desue’s convictions and sentences. Desue v. State, 638 So.2d 940 (Fla. 1st DCA 1994) (table).

After his convictions and sentences became final, Desue repeatedly sought post-conviction relief in the Fourteenth Judicial Circuit and the First District. His repeated attempts to obtain such relief resulted in both the Fourteenth Judicial Circuit and the First District barring him from filing any further pro se requests for relief. Desue v. Tucker, 100 So.3d 151 (Fla. *8021st DCA 2012); State v. Desue, No. 92-CF-266 (Fla. 14th Cir. Ct. Apr. 25, 2007). Desue has filed twenty-six other petitions or notices with this Court since 2000, the vast majority of which have concerned his 1987 forgery convictions and his 1992 robbery convictions and sentences.2 We have never granted Desue the relief sought in any of his filings.

Desue’s habeas petition in this case, like the vast majority of his other filings with this Court, challenged his 1987 forgery convictions and his 1992 robbery convictions and sentences. He also challenged the application of the circuit court’s pro se barring order to a habeas petition he attempted to file there. We dismissed De-sue’s habeas petition in part, see Pettway v. State, 776 So.2d 930, 931 (Fla. 2000), and dismissed it as unauthorized in part, see Baker v. State, 878 So.2d 1236 (Fla. 2004). In so doing, and in accordance with State v. Spencer, 751 So.2d 47 (Fla.1999), we expressly retained jurisdiction and directed Desue to show cause why he should not be barred from filing any further pro se requests for relief concerning his 1987 and 1992 convictions and sentences, and referred to the Florida Department of Corrections for possible disciplinary action pursuant to section 944.279(1), Florida Statutes (2016).

In response to the show cause order, Desue submitted a response containing the same arguments he presented to this Court in his habeas petition. Only briefly in his response does Desue express any remorse for his repeated misuse of this Court’s limited resources. However, in light of Desue’s substantial filing history with this Court, we find that this brief showing of remorse is insufficient to excuse his repeated misuse of this Court’s limited resources. We are convinced that, if left unrestrained, Desue will continue to abuse this Court’s limited resources and continue filing requests for relief that are either frivolous, meritless, or otherwise in*803appropriate for review by this Court. Accordingly, we conclude that Desue’s response fails to show cause why he should not be sanctioned. We also conclude that the petition filed by Desue in this case is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla. Stat. (2016).

We therefore direct the Clerk of this Court to reject any future pleadings or other requests for relief submitted by Michael Charles Desue that pertain to circuit court case numbers 87-CF-155, 87-CF-156, 87-CF-157, 87-CF-392, 87-CF-393, 87-CF-400, 87-CF-401, 87-CF-433, 87-CF-434, 87-CF-435, and 92-CF-266, unless such filings are signed by a member in good standing of The Florida Bar. Henceforth, Desue may only petition the Court about his convictions or sentences in these cases through the assistance of counsel whenever such counsel determines that the proceeding may have merit and can be filed in good faith. Additionally, because we find that the petition filed in this case by Desue is a frivolous proceeding filed by a state prisoner, and consistent with section 944.279(1), Florida Statutes (2016), we direct the Clerk of this Court to forward a certified copy of this opinion to the Florida Department of Corrections’ institution or facility where Desue is incarcerated. See Steele v. State, 14 So.3d 221, 224 (Fla. 2009).

No motion for rehearing or clarification will be entertained by the Court.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, and POLSTON, JJ„ concur.

LAWSON, J., did not participate.


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Citator

Cited By

  • Vinodh M. Raghubir v. State, 252 So. 3d 692 (Fla. 2018)
    …h petitioners have been barred from initiating further proceedings in this Court unless their pleadings, motions, or other requests for relief were filed under the signature of a member of The Florida Bar in good standing. See, e.g., Desue v. Jones, 213 So. 3d 801 (Fla. 2017); Steele v. State, 14 So. 3d 221 (Fla. 2009); Pettway v. McNeil, 987 So. 2d 20 (Fla. 2008). It appearing that petitioner has abused the judicial process by filing numerous pro se filings in this Court that are either meritless or not ap…

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