SHAWN MCDUFFIE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-10-18
No. 19-1027
McKibben, J., Orfinger, J., Edwards, J., Grosshans, J.
Florida District Court of Appeal, Fifth District (2019)

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.


Holding

The trial court properly denied the appellant's rule 3.800 motion for postconviction relief.


Headnotes

[1] A trial court may impose sanctions including a bar on pro se filing and referral to prison officials for disciplinary proceedings when a litigant engages in abusive, repe…

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

Facts & Procedural History

Shawn McDuffie appealed the denial of his rule 3.800 motion for postconviction relief in two consolidated criminal cases from Brevard County Circuit C…

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.


Opinion of the Court
Grosshans

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Case No. 5D19-1027 SHAWN MCDUFFIE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________ Opinion filed October 18, 2019 3.800 Appeal from the Circuit Court for Brevard County, Kelly J. McKibben, Judge. Shawn McDuffie, Indiantown, pro se. No Appearance for Appellee.

PER CURIAM.

Appellant appeals the trial court’s denial of his rule 3.800 motion for postconviction relief in Brevard County Circuit Court Case Nos. 05-2006-CF-017252 and 05-2006-CF- 017253. We affirm the trial court's order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to the identified lower court case numbers may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).

2

AFFIRMED.

ORFINGER, EDWARDS, and GROSSHANS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw