MICHAEL A. HODGE
v.
STATE OF FLORIDA AND S.B. ROSSITER, WARDEN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A pro se litigant who repeatedly raises the same frivolous claim of wrongful conviction may be subject to Spencer sanctions prohibiting further attacks on conviction and sentence.
[1] A court may impose Spencer sanctions prohibiting a pro se litigant from filing further attacks on conviction and sentence when the litigant has filed repetitious and friv…
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“Hodge's continuous attempts to revisit this issue are frivolous and an abuse of this Court's process.”
Court's explanation for dismissing the appeal and warning of sanctions
Michael A. Hodge appealed his judgment and sentence from a 2011 Marion County firearm conviction, raising the same claim of wrongful conviction that h…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abuse Of Court Process cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
MICHAEL A. HODGE,
Appellant,
v. Case No. 5D18-1811
STATE OF FLORIDA and S.B. ROSSITER, WARDEN,
Appellees. ________________________________/
Opinion filed December 14, 2018
Appeal from the Circuit Court for Marion County, Edward L. Scott, Judge.
Michael A. Hodge, Lowell, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee, State of Florida.
No Appearance for other Appellee.
PER CURIAM.
Michael A. Hodge continues to raise the same claim of error (that he was wrongfully convicted and sentenced on a firearm charge) relating to his judgment and sentence, imposed in Marion County Fifth Judicial Circuit Case No. 2011-CF-001314. This claim has been reviewed and rejected by this Court on multiple occasions; therefore, Hodge's continuous attempts to revisit this issue are frivolous and an abuse of this Court's process. Accordingly, Hodge is cautioned that any further pro se filings in this Court asserting the claim raised in this case may result in Spencer sanctions being
2 imposed. See State v. Spencer, 751 So. 2d 47 (Fla. 1999) (permitting court to prohibit pro se litigant, who has filed repetitious and frivolous pleadings and papers, from filing further attacks on his or her conviction and sentence).
EVANDER, WALLIS and EDWARDS, JJ., concur.