TIMOTHY EDISON BRADLEY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-12-30
No. 22-2470
Florida District Court of Appeal, Fifth District (2022)

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Holding

When a party makes abusive, repetitive, malicious, or frivolous postconviction filings, the appellate court may warn of sanctions including a bar on pro se filing and referral to prison officials for disciplinary proceedings.


Headnotes

[1] An appellate court may warn a pro se litigant of potential sanctions, including a bar on further pro se filings and referral to prison officials for disciplinary proceedi…

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Facts & Procedural History

Timothy Edison Bradley appealed from the denial of his motion for postconviction relief in a criminal case. Bradley's postconviction filings in the ap…

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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 Lake County Circuit Court Case Number 2009-CF-002880-A. 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 Lake County Circuit Court Case Number 2009-CF-002880-A 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 47 (Fla. 1999). APPELLANT CAUTIONED.

WALLIS, EDWARDS and HARRIS, JJ., concur.


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