Duhart v. State

99 So. 3d 995, 2012 Fla. App. LEXIS 18750, 2012 WL 5273055
CourtDistrict Court of Appeal of Florida
DecidedOctober 26, 2012
DocketNo. 5D12-2013
StatusPublished

This text of 99 So. 3d 995 (Duhart v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duhart v. State, 99 So. 3d 995, 2012 Fla. App. LEXIS 18750, 2012 WL 5273055 (Fla. Ct. App. 2012).

Opinion

ON ORDER TO SHOW CAUSE

PER CURIAM.

After affirming the order denying Appellant, Fred D. Duhart, Jr.’s, motion to correct illegal sentence, this Court issued an order directing Duhart to show cause why he should not be barred from further pro se filings in this Court. See generally State v. Spencer, 751 So.2d 47 (Fla.1999). However, Duhart filed no response to our show cause order. As this was Duhart’s sixth meritless pro se post conviction appeal in this Court attacking his judgments or sentences in Orange County Case Nos. 1991-CF-318 and 1991-CF-3338, we conclude that Duhart is abusing the judicial process and should be barred from further pro se filings.

We now prohibit Fred D. Duhart, Jr., from filing with this Court any more pro se petitions or appeals concerning Orange County Case Nos.l991-CF-318 and 1991-CF-3338. The Clerk of this Court is directed not to accept any further pro se papers from Duhart that violate this prohibition. Any additional petitions or notices of appeal regarding this case will be accepted only if signed by a member in good standing with The Florida Bar. See Floyd v. State, 62 So.3d 1228 (Fla. 5th DCA 2011).

Future pro se filings PROHIBITED; CERTIFIED opinion forwarded to Department of Corrections.

ORFINGER, C.J., TORPY and JACOBUS, JJ„ concur.

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Related

State v. Spencer
751 So. 2d 47 (Supreme Court of Florida, 1999)
Floyd v. State
62 So. 3d 1228 (District Court of Appeal of Florida, 2011)

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Bluebook (online)
99 So. 3d 995, 2012 Fla. App. LEXIS 18750, 2012 WL 5273055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duhart-v-state-fladistctapp-2012.