Markland v. State

197 So. 3d 1138, 2016 Fla. App. LEXIS 9569, 2016 WL 3421251

• Court: District Court of Appeal of Florida
• Decided: June 22, 2016
• Docket: 3D16-1086
• Status: Published

Opinion

SUAREZ, C.J.

Following review of Peter Markland’s petition for writ of habeas corpus, it is ordered that said petition is successive and hereby denied.

ORDER TO SHOW CAUSE

Furthermore, as it appears that Mr. Markland has submitted multiple pro se post-conviction appeals, 1 we order Mr. Markland to show good cause within thirty (30) days why he should not be prohibited from filing with this Court any further pro se appeals, petitions, motions or other proceedings related to his criminal conviction and sentencing in circuit court case number F90-34718.

We must balance Mr. Markland’s pro se right of access to courts with the Court’s need to devote its finite resources to legitimate appeals, recognizing the seriousness of the sanction when the litigant is a criminal defendant. State v. Spencer, 751 So.2d 47, 48 (Fla.1999). After this order to show cause and giving Mr. Markland an opportunity to respond, this Court may prevent such further filings. See id.

Petition denied.

1 . Post-conviction appeals filed by the defendant include: Markland v. State, 166 So.3d 791 (Fla. 3d DCA 2015); Markland. v. State, 160 So.3d 440 (Fla. 3d DCA 2015); Markland v. State, 129 So.3d 1078 (Fla. 3d DCA 2013); Markland v. State, 88 So.3d 950 (Fla. 3d DCA 2012); Markland v. State, 45 So.3d 469 (Fla. 3d DCA 2010); Markland v. State, 6 So.3d 68 (Fla. 3d DCA 2009); Markland v. State, 971 So.2d 832 (Fla. 3d DCA 2007); Markland v. State, 917 So.2d 201 (Fla. 3d DCA 2005); Markland v. State, 905 So.2d 140 (Fla. 3d DCA 2005); Markland v. State, 821 So.2d 1075 (Fla. 3d DCA 2002); Markland v. State, 742 So.2d 325 (Fla. 3d DCA 1999); and Mark land v. State, 642 So.2d 760 (Fla. 3d DCA 1994).