Chadrick v. Pray v. Brenda D. Forman, Clerk
213 So. 3d 914
| Fla. | 2017Background
- Petitioner Chadrick V. Pray, convicted in Broward County (Case No. 00-3032CF10A) of attempted first-degree murder and attempted robbery with a firearm; sentenced to life on each count in October 2000; convictions affirmed on direct appeal.
- Since 2010 Pray has filed twelve extraordinary-writ petitions in the Florida Supreme Court challenging his convictions/sentences; prior filings were repeatedly dismissed as frivolous, meritless, or unauthorized.
- The circuit court and Fourth District previously entered pro se barring orders restricting Pray’s ability to file further pro se postconviction pleadings in that case.
- Pray filed a mandamus petition asking the Court to direct the circuit court clerk to accept and transmit his pro se filings despite the barring order; the Court dismissed the petition as meritless under Pettway and Spencer.
- The Court issued an order to show cause regarding imposition of a future pro se filing ban in the Supreme Court and directed referral to the Florida Department of Corrections for potential disciplinary action under section 944.279(1).
- The Court concluded Pray’s filings are an abuse of the judicial process and directed the Clerk to reject any future filings from Pray related to Case No. 00-3032CF10A unless signed by a member in good standing of The Florida Bar; it also ordered the DOC referral and declined rehearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Supreme Court should entertain Pray’s mandamus petition to compel the circuit court clerk to transmit his pro se filings despite a circuit-court pro se barring order | Pray argued the Court should consider the merits and order the clerk to transmit his filings | Respondent (Clerk) defended the circuit-court barring order and the Court relied on precedent limiting consideration of repetitive, meritless filings | Petition dismissed as frivolous/meritless under Pettway and Spencer |
| Whether Pray should be barred from filing further pro se petitions in this Court concerning Case No. 00-3032CF10A | Pray implicitly argued he should remain free to file pro se and that the Court should address merits | Court pointed to Pray’s repeated meritless filings and prior barring orders showing continued abuse of process | Court barred the Clerk from accepting future pro se filings from Pray on that case unless filed by counsel in good standing |
| Whether the petition is a frivolous prison proceeding warranting referral to DOC under §944.279(1) | Pray did not concede frivolousness; argued for merits | Court viewed petition as frivolous and part of a pattern of abusive litigation | Court found petition frivolous and directed a certified copy of the opinion be sent to the Florida Department of Corrections |
Key Cases Cited
- Pettway v. State, 776 So. 2d 930 (Fla. 2000) (standard for denying repetitive or meritless petitions)
- Spencer v. State, 751 So. 2d 47 (Fla. 1999) (procedures for postconviction review and successive petitions)
- Nelson v. Crews, 110 So. 3d 890 (Fla. 2013) (Sanctions for litigants who abuse judicial process)
- Green v. Tucker, 101 So. 3d 358 (Fla. 2012) (Court’s inherent authority to sanction frivolous filings)
- Steele v. State, 14 So. 3d 221 (Fla. 2009) (procedures for referring frivolous prisoner filings to DOC)