Hall v. State
2012 Fla. App. LEXIS 13002
| Fla. Dist. Ct. App. | 2012Background
- Appellant challenges a trial court dismissal of his habeas corpus petition alleging double jeopardy.
- Trial court found the petition meritless and noted prior untimely 3.850 postconviction motion identical to the asserted ground.
- Court rejected attempts to cloak timely claims under a new title; deemed untimely postconviction challenges abusive and sanctionable.
- Court warned about abuse of the postconviction process and potential loss of gain-time; referred to Department of Corrections.
- Court prohibited further pro se pleadings in this matter and required filings to be signed by an attorney.
- Opinion directs forwarding of a certified copy to the institution for disciplinary procedures pursuant to § 944.279 and § 944.28, Fla. Stat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas petition was rightly dismissed without an evidentiary hearing | Appellant | Appellee | Affirmed dismissal |
| Whether Appellant's actions constituted a frivolous postconviction filing | Appellant | Hall/State | Frivolous filing sanctionable |
| Whether untimely rule 3.850 postconviction claims can be revived via a habeas petition | Appellant | State | Time bar upheld; habeas not substitute for 3.850 |
| Whether the court properly ordered sanctions and reporting to the Department of Corrections | Appellant | State | Disciplinary procedures authorized |
Key Cases Cited
- Hall v. State, 738 So.2d 374 (Fla. 1st DCA 1999) (supports consecutive-sentence context and postconviction timing considerations)
- Johnson v. State, 44 So.3d 198 (Fla. 4th DCA 2010) (frivolous or abusive postconviction filings may be sanctioned)
- Baker v. State, 878 So.2d 1236 (Fla.2004) (manifest injustice arguments do not excuse untimely time limits)
- Griffin v. State, 962 So.2d 1026 (Fla. 3d DCA 2007) (prohibits repetitive pro se pleadings and supports sanctions)