AVISUS SEDALE DAVIS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-10-03
No. 22-0858
Florida District Court of Appeal, Fifth District (2022)

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Holding

A pro se litigant whose repeated postconviction filings in a criminal case are abusive, repetitive, malicious, or frivolous may be sanctioned with a bar on future pro se filing and referral to prison officials for disciplinary proceedings.


Headnotes

[1] A court may sanction a pro se litigant by barring future pro se filings and referring the litigant to prison officials for disciplinary proceedings when the litigant's re…

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Key Quotes

“Because it appears that Appellant's postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Marion County Circuit Court Case Number 2017-CF-2047 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.”

Court's cautionary order to appellant regarding future filings

Facts & Procedural History

Avisus Sedale Davis filed postconviction relief motions in a criminal case (Marion County Circuit Court Case No. 2017-CF-2047). The circuit court deni…

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Opinion of the Court

PER CURIAM.

This Court previously affirmed the trial court’s order denying Appellant’s motion for postconviction relief in Marion County Circuit Court Case Number

2017-CF-2047. Because it appears that Appellant’s postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Marion County Circuit Court Case Number 2017-CF-2047 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. (2020); State v. Spencer, 751 So. 2d

APPELLANT CAUTIONED.

EDWARDS, EISNAUGLE and HARRIS, JJ., concur.

Footnotes
47 (Fla. 1999).

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