ADRIAN K. GRAY
v.
STATE OF FLORIDA
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Adrian K. Gray filed a second petition for writ of habeas corpus in the Fifth District Court of Appeal, seeking review of successive claims from a 2004 Nassau County criminal case. The court dismissed the petition as successive and abusive, cautioning that further similar pro se filings may result in sanctions.
The court dismissed the petition as successive and abusive under Richardson v. State, finding that repeated attempts to challenge the same case through successive habeas petitions are not cognizable.
[1] A successive petition for writ of habeas corpus presenting claims from the same underlying conviction may be dismissed as an abuse of the writ.
[2] A court may caution a pro se litigant that continued filing of abusive, repetitive, malicious, or frivolous petitions concerning the same underlying matter may result in…
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Join FLexlaw to unlock all legal intelligence“This Court previously denied Petitioner's first Petition for Writ of Habeas Corpus on March 28, 2023. Petitioner files this second petition for Writ of Habeas Corpus once again attempting to obtain review of his successive claims”
Establishes that this is a successive habeas petition based on claims already reviewed in a prior petition
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Join FLexlaw to unlock all legal intelligenceGray previously filed a habeas corpus petition that was denied on March 28, 2023. He then filed this second petition asserting successive claims stemm…
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PER CURIAM.
This Court previously denied Petitioner’s first Petition for Writ of Habeas Corpus on March 28, 2023. Petitioner files this second petition for Writ of Habeas Corpus once again attempting to obtain review of his successive claims, both stemming from this Nassau County Circuit Court Case No. 2004-CF-000160-A. Accordingly, we dismiss this petition. See Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006). Because it appears that Petitioner’s filings are abusive, repetitive, malicious, or frivolous,
Petitioner is cautioned that any further pro se filings in this Court asserting claims stemming from Nassau County Circuit Court Case No. 2004-CF-000160-A, may result in sanctions such as a bar on pro se filing in this Court. State v. Spencer, 751 So. 2d 47 (Fla. 1999).
DISMISSED; PETITIONER CAUTIONED.
LAMBERT, KILBANE, and MACIVER, JJ., concur.