JOHN J. WILSON, JR.
v.
THE STATE OF FLORIDA
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A pro se litigant may be barred from filing further appeals and pleadings in a court when he has abused the judicial process through repeated frivolous filings, notwithstanding the constitutional right to access courts.
[1] A pro se litigant's constitutional right to access courts to challenge incarceration may be forfeited upon a showing that the litigant has abused the judicial process thr…
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Join FLexlaw to unlock all legal intelligence“this right is not unfettered and may be forfeited if the person abuses the judicial process”
Court discussing the limits on the constitutional right to access courts for incarcerated persons
Wilson was convicted in 2015 of burglary, grand theft, resisting an officer with violence, assault, criminal mischief, and trespass, and was sentenced…
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Third District Court of Appeal State of Florida
Opinion filed August 13, 2025. Not final until disposition of timely filed motion for rehearing.
No. 3D24-0724 Lower Tribunal No. F15-1083
John J. Wilson, Jr., Appellant,
VS.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.
John J. Wilson, Jr., in proper person.
James Uthmeier, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Before SCALES, C.J., and EMAS and GORDO, JJ.
PER CURIAM.
John J. Wilson, Jr. appeals a March 8, 2024 order denying a postconviction motion in the form of a “Notice” to the circuit court. Although it is difficult to apprehend Wilson's meaning, the Notice appears to allege that the general counsel of the Eleventh Judicial Circuit “defrauded” Wilson by not responding sufficiently to a public records request.
After Wilson failed to file timely his initial brief, this Court, on November 21, 2024, entered an order dismissing this appeal. Wilson moved to reinstate the case. On March 12, 2025, we denied the reinstatement motion. After Wilson sought an extension of time to file a rehearing motion, we granted the extension of time and entered a June 3, 2025 order to show cause why Wilson should not be barred from further pro se filings in this Court related to lower tribunal case number F15-1083. Wilson timely filed his response to the show cause order.
In his 2015 criminal trial, Wilson was found guilty of burglary of an unoccupied dwelling, third degree grand theft, resisting an officer with violence, assault, criminal mischief, and trespass of an unoccupied conveyance. He was sentenced to twenty years in prison and five years of probation. This Court affirmed his convictions and sentence in Wilson v. State, 259 So. 3d 941 (Fla. 3d DCA 2018). Since then, Wilson has filed multiple, pro se postconviction appeals and/or petitions related to case
number F15-1083, including an appeal identical to this case in Case No. 3D24-0623.1
After considering Wilson's response to the show cause order, we conclude that good cause has not been shown and prohibit Wilson from filing any further pro se appeals, pleadings, motions or petitions in this Court related to his convictions and sentence in case number F15-1083. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). We recognize that the access to courts provision of Article I, section 21 of the Florida Constitution affords an incarcerated person in Florida an avenue to challenge his or her incarceration; however, this right is not unfettered and may be forfeited if the person abuses the judicial process. Jimenez v. State, 196 So. 3d 499, 501 (Fla. 3d DCA 2016).
Accordingly, we direct the Clerk of the Third District Court of Appeal not to accept from Wilson pro se filings related to case number F15-1083; provided that the Clerk may accept such filings if they have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing.
Any such further and unauthorized pro se filings by Wilson will subject him to sanctions, including 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.