SHAWN MCDUFFIE vs STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida
DecidedJuly 15, 2022
Docket22-0776
StatusPublished

This text of SHAWN MCDUFFIE vs STATE OF FLORIDA (SHAWN MCDUFFIE vs STATE OF FLORIDA) 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
SHAWN MCDUFFIE vs STATE OF FLORIDA, (Fla. Ct. App. 2022).

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

SHAWN MCDUFFIE,

Petitioner,

v. Case No. 5D22-776 LT Case Nos. 2006-CF-017252 2006-CF-017253 2006-CF-017254 2006-AP-35157 STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed July 15, 2022

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Shawn McDuffie, Daytona Beach, pro se.

No Appearance for Respondent.

PER CURIAM.

Due to Petitioner’s apparent abuse of the legal process by his abusive,

repetitive, malicious, or frivolous pro se filings attacking his judgments and

sentences in Brevard County Circuit Court Case Numbers 2006-CF-017252, 2006-CF-017253, 2006-CF-017254, and 2006-AP-35157, this Court issued

an order directing Petitioner to show cause why he should not be prohibited

from future pro se filings. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).

Having carefully considered the response and finding it fails to show cause

why sanctions should not be imposed, we conclude that Petitioner is abusing

the judicial process and should be barred from further pro se filings.

In order to conserve judicial resources, Petitioner is prohibited from

filing with this Court any further pro se filings concerning Brevard County

Circuit Court Case Numbers 2006-CF-017252, 2006-CF-017253, 2006-CF-

017254, and 2006-AP-35157. The Clerk of this Court is directed not to

accept any further pro se filings concerning the referenced cases. The Clerk

will summarily reject any future filings regarding the referenced cases unless

filed by a member in good standing of The Florida Bar. See Isley v. State,

652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk

is further directed to forward a certified copy of this opinion to the appropriate

institution for consideration of disciplinary proceedings. See § 944.279(1),

Fla. Stat. (2020); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA

2005).

SANCTIONS IMPOSED.

LAMBERT, C.J., EDWARDS and TRAVER, JJ., concur.

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Related

Isley v. State
652 So. 2d 409 (District Court of Appeal of Florida, 1995)
Simpkins v. State
909 So. 2d 427 (District Court of Appeal of Florida, 2005)
State v. Spencer
751 So. 2d 47 (Supreme Court of Florida, 1999)

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Bluebook (online)
SHAWN MCDUFFIE vs STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shawn-mcduffie-vs-state-of-florida-fladistctapp-2022.