Gaffney v. Tucker
94 So. 3d 556
| Fla. | 2012Background
- Gaffney, an inmate, filed a pro se habeas corpus petition challenging his conviction and life sentence for capital sexual battery (85-CF-01064, Putnam County).
- The Florida Supreme Court dismissed the petition as unauthorized under Baker v. State and retained jurisdiction to consider sanctions.
- Gaffney has a long history of collateral attacks and numerous extraordinary writs since 1994, none of which have granted relief.
- The Court determined Gaffney is not entitled to further collateral attacks on his criminal case.
- Because the petition was unauthorized and his ninth writ petition related to 85-CF-01064, the Court sanctioned him and limited future filings to those signed by a Florida Bar member.
- The Court ordered the Clerk to forward a copy of the opinion to the Department of Corrections and to reject any future filings not signed by counsel unless meritorious
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gaffney’s petition was unauthorized and frivolous | Gaffney contends the petition seeks valid relief. | Gaffney’s filings were unauthorized, repetitive, and devoid of merit. | Unauthorized and frivolous; sanctions upheld. |
| Whether sanctions barring future pro se filings are warranted | Gaffney argues his right to access the courts. | Court may sanction abusive, meritless filings. | Sanctions warranted; future filings limited to counsel-signed submissions. |
| Whether filings must be signed by a Florida Bar member | Gaffney should not be restricted beyond merit. | Filings must be signed by counsel in good standing. | Filings must be signed by a Florida Bar member. |
| Whether the Clerk should forward the decision to the DOC | Not relevant to habeas relief. | Court may inform incarcerating agency of sanctions. | Directing transmission to DOC appropriate. |
Key Cases Cited
- Baker v. State, 878 So.2d 1236 (Fla. 2004) (unauthorized habeas petitions can be dismissed; sanctions may follow)
- State v. Spencer, 751 So.2d 47 (Fla.1999) (notice and opportunity to respond before sanctions)
- James v. Tucker, 75 So.3d 231 (Fla.2011) (sanctions for abuse of pro se filings)
- Johnson v. Rundle, 59 So.3d 1080 (Fla.2011) (sanctions and filing restrictions for pro se litigants)
- Steele v. State, 14 So.3d 221 (Fla.2009) (limits on pro se postconviction filings)
- Pettway v. McNeil, 987 So.2d 20 (Fla.2008) (sanctions for frivolous writs)
- Tate v. McNeil, 983 So.2d 502 (Fla.2008) (regarding abuse of postconviction relief petitions)
- Gaffney v. State, 933 So.2d 1153 (Fla.2006) (table decision; related to sanctions on pro se filings)
- Gaffney v. Crosby, 917 So.2d 193 (Fla.2005) (dismissing habeas petitions; sanctions context)
- Gaffney v. State, 907 So.2d 518 (Fla.2005) (denial of postconviction relief; related jurisprudence)