CHARLES T. MCGUIRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles T. McGuire appeals the denial of his Rule 3.800(a) motion and a postconviction court's order barring him from filing further pro se pleadings. The appellate court affirms both orders, holding that the trial court properly followed required procedures before imposing the filing bar as a sanction against frivolous pleadings.
The appellate court affirmed both the denial of McGuire's Rule 3.800(a) motion and the postconviction court's bar on pro se filings. The trial court properly followed the required procedure established in Jordan v. State by first evaluating the merits of the claims, determining they were frivolous, providing notice of the intended sanction, and giving McGuire an opportunity to show cause why the sanction should not be imposed.
[1] A trial court must evaluate the merits of a litigant's claims before imposing a sanction barring future pro se filings.
[2] Before barring a litigant from filing further pro se attacks on a conviction and sentence, a trial court must provide notice of the intended sanction and an opportunity t…
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Join FLexlaw to unlock all legal intelligence“[T]he trial court must first evaluate the merits of the claims advanced. After disposing of the substantive postconviction allegations, should the trial court choose to pursue the sanction of barring [the defendant] from filing further pro se attacks on his conviction and sentence, it must provide him notice of the intended sanction and provide him an opportunity to show cause why the sanction should not be imposed.”
Establishes the two-step procedure required before a trial court may bar pro se filings in postconviction cases
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Join FLexlaw to unlock all legal intelligenceMcGuire is serving four concurrent life sentences imposed in 1990 pursuant to a plea bargain. Since his conviction, he has filed numerous postconvicti…
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STRINGER, Judge.
Charles T. McGuire appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), as well as the postconviction court’s order barring him from filing any future pro se pleadings. We affirm the postconviction court’s denial of the rule 3.800(a) motion without comment. We write only to explain our affirmance of the postconviction court’s imposition of the bar on pro se pleadings.
McGuire is currently serving four concurrent life sentences imposed in 1990 pursuant to a plea bargain. Since his conviction, McGuire has filed numerous post-conviction pleadings in the circuit court. Each of the pleadings that appears in this court’s records has either been dismissed or denied. McGuire appealed four of the postconviction court’s orders, which this court subsequently affirmed. See McGuire v. State, 905 So. 2d 135 (Fla. 2d DCA 2005) (table decision); McGuire v. State, 871 So. 2d 228 (Fla. 2d DCA 2004) (table decision); McGuire v. State, 847 So. 2d 471 (Fla. 2d DCA 2003) (table decision); McGuire v. State, 656 So. 2d 1284 (Fla. 2d DCA 1995) (table decision).
In Jordan v. State, 760 So. 2d 973, 974 (Fla. 2d DCA 2000), this court set forth the proper procedure a trial court must follow in order to impose such sanctions:
[T]he trial court must first evaluate the merits of the claims advanced. After disposing of the substantive postconviction allegations, should the trial court choose to pursue the sanction of barring [the defendant] from filing further pro se attacks on his conviction and sentence, it must provide him notice of the intended sanction and provide him an opportunity to show cause why the sanction should not be imposed. The order to show cause should delineate, in detail, the facts upon which the trial court intends to rely to forbid future filings.
See also State v. Spencer, 751 So. 2d 47 (Fla.1999) (holding that a trial court must provide a litigant notice and an opportunity to respond before prohibiting further pro se attacks on a conviction and sentence).
Here, the postconviction court first determined that McGuire’s claims were frivolous because he had raised them in numerous prior pleadings. The postconviction court noted that it had previously warned McGuire it would not tolerate further frivolous proceedings and attached copies of orders either denying or dismissing eight prior pleadings. Most of these meritless pleadings attacked his sentence or the voluntariness of his plea based on the same statements made by the trial court judge at sentencing. The postconviction court then ordered McGuire to show cause why he should not be barred from filing further pro se attacks.
After reviewing his response, the post-conviction court ordered that McGuire was no longer permitted to file pro se postcon-viction attacks in this case, sufficiently demonstrating through attachments that McGuire has filed numerous meritless pleadings. Because the postconviction court followed the proper procedure for imposing this bar pursuant to Jordan, we affirm the imposition of this sanction.
Affirmed.
WHATLEY and VILLANTI, JJ., Concur.
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Edwards v. State, 192 So. 3d 522 (Fla. 1st DCA 2016)…eration of the constitutional rights of the pro se litigant in each case. Due process requires notice of the intended sanction to the pro se litigant and an opportunity to show cause why the sanction should not be imposed. Spencer; McGuire v. State, 979 So. 2d 262 (Fla. 2d DCA 2007). In this case, the circuit court’s order dismissing Appellant’s most recent post-conviction motion included the directive to show cause why sanctions should not be imposed. The circuit court specified that the judgment and senten…
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Gerry L. Ranson v. State, 202 So. 3d 448 (Fla. 2d DCA 2016)…PER CURIAM. Affirmed. See Martin v. State, 987 So. 2d 141 (Fla. 2d DCA 2008); McGuire v. State, 979 So. 2d 262 (Fla. 2d DCA 2007). KHOUZAM, SLEET, and LUCAS, JJ., Concur.…
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Spears v. State, 223 So. 3d 331 (Fla. 2d DCA 2017)…PER CURIAM. Affirmed. See Martin v. State, 987 So. 2d 141 (Fla. 2d DCA 2008); McGuire v. State, 979 So. 2d 262 (Fla. 2d DCA 2007). WALLACE, SALARIO, and BADALAMENTI, JJ., Concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Exum Walker v. State, 760 So. 2d 973 (Fla. 5th DCA 2000)
- Abram Jordan v. State, 760 So. 2d 973 (Fla. 2d DCA 2000)