LARRY D. ODUM
v.
STATE OF FLORIDA
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Successive habeas petitions raising the same previously-decided claim constitute an abuse of the court's process and subject the petitioner to sanctions for frivolous filings.
[1] A party engaging in successive filings of habeas petitions raising identical claims previously decided on the merits may be warned that further similar filings will subje…
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Join FLexlaw to unlock all legal intelligence“The continuous attempts by Petitioner to revisit this issue are frivolous and an abuse of this court's process.”
The court's explanation for dismissing the habeas petition
Petitioner Larry D. Odum filed a petition for writ of habeas corpus challenging a sentence imposed in Lake County Circuit Case No. 2006-CF-2552. The c…
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Petitioner, Larry D. Odum, continues to raise the same claim, which has been considered on the merits, disposed of by the trial court, and reviewed in this court on multiple occasions. The continuous attempts by Petitioner to revisit this issue are frivolous and an abuse of this court's process.
As such, Petitioner is cautioned that any further pro se pleadings filed in this court, asserting the claim raised in this case, regarding the sentence imposed in Lake County Circuit Case No. 2006-CF-2552, may result in Spencer sanctions being imposed. See State v. Spencer, 751 So. 2d 47 (Fla. 1999).
PETITIONER CAUTIONED.
EVANDER, WALLIS, and HARRIS, JJ., concur.