MORALES
v.
STATE OF FLORIDA

Fla. 1st DCA | 2023-12-27
No. 2023-0355
282 So. 3d 57 Florida District Court of Appeal, First District (2023) Positive Treatment
Cited by 1 case

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Holding

The court may impose sanctions, including prohibition of pro se filings and disciplinary referral, on a party with a history of repetitious and frivolous postconviction appeals.


Headnotes

[1] A party with a demonstrated history of filing repetitious and frivolous postconviction appeals may be sanctioned, including by prohibition from further pro se filings and…

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Facts & Procedural History

Juan Antonio Morales filed his fifth postconviction appeal in the same underlying criminal case (2007-CF-5981), having previously filed multiple rule …

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Opinion of the Court

December 27, 2023 PER CURIAM.

AFFIRMED. This Court’s records reflect that, along with this appeal from an order imposing sanctions, Juan Morales has filed at least five postconviction appeals related to Escambia County Circuit Court case number 2007-CF-5981: Morales v. State, 134 So. 3d 967 (Fla. 1st DCA 2011) (reversing in part order denying rule 3.850 motion); Morales v. State, 187 So. 3d 1237 (Fla. 1st DCA 2015) (unpublished table decision) (affirming order denying rule 3.850 motion); Morales v. State, 237 So. 3d 271 (Fla. 1st DCA 2017) (unpublished table decision) (affirming order denying rule 3.800(a) motion); Morales v. State, Case No. 1D18-0169 (Fla. 1st DCA May 23, 2018) (dismissed for lack of jurisdiction); Morales v. State, 282 So. 3d 57 (Fla. 1st DCA 2019) (unpublished table decision) (affirming order denying rule 3.800(a) motion).

2

These cases reveal a history of filing repetitious and frivolous postconviction appeals. The Court warns Morales that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2022).

OSTERHAUS, C.J., and ROWE and BILBREY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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Citator

Cited By

  • Morales v. State, 282 So. 3d 57 (Fla. 1st DCA 2023)
    …uan Morales has filed at least five postconviction appeals related to Escambia County Circuit Court case number 2007-CF-5981: Morales v. State, 134 So. 3d 967 (Fla. 1st DCA 2011) (reversing in part order denying rule 3.850 motion); Morales v. State, 187 So. 3d 1237 (Fla. 1st DCA 2015) (unpublished table decision) (affirming order denying rule 3.850 motion); Morales v. State, 237 So. 3d 271 (Fla. 1st DCA 2017) (unpublished table decision) (affirming order denying rule 3.800(a) motion); Morales v. State, Case N…
    1 / 2

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