James v. Tucker
75 So. 3d 231
| Fla. | 2011Background
- Willie James, an inmate, filed a pro se habeas corpus petition seeking relief from an allegedly illegal sentence.
- The Court denied the petition as repetitive and noted prior related petitions, while retaining jurisdiction to pursue possible sanctions.
- James was sentenced in Broward County for robbery, with a sixty-year term enhanced as a habitual felony offender in 1993.
- James has since filed numerous pro se petitions challenging the sentence, none of which granted relief.
- The Court found the current petition frivolous and sanctioned James, directing rejection of future related filings unless signed by a Florida Bar member.
- The Clerk was instructed to forward a certified copy of the opinion to the Department of Corrections about James’s placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is procedurally barred as repetitive | James argues entitlement to relief from illegal sentence | State asserts repetitious, procedurally barred petition | Petition denied; repetitive and meritless |
| Whether sanctions for frivolous pro se filings are proper | James contends no sanctionable conduct | State shows history of meritless filings wasting resources | Sanctions affirmed; frivolous filings sanctioned |
| Whether future related filings by James should be rejected without Bar admission | James should be allowed to proceed pro se | Court may restrict filings to those signed by a Florida Bar member | Clerk barred from future related filings unless signed by counsel in good standing |
Key Cases Cited
- James v. McNeil, 36 So.3d 84 (Fla. 2010) (habeas petition denied as repetitive; related to current matter)
- James v. State, 22 So.3d 538 (Fla. 2009) (mandamus petition denied as procedurally barred)
- State v. Spencer, 751 So.2d 47 (Fla. 1999) (notice and response before precluding further attacks)
- Johnson v. Rundle, 59 So.3d 1080 (Fla. 2011) (sanctions for abusive pro se filing practices)
- Steele v. State, 14 So.3d 221 (Fla. 2009) (sanctions for meritless filings)
- Pettway v. McNeil, 987 So.2d 20 (Fla. 2008) (sanctions for frivolous petitions)
- Tate v. McNeil, 983 So.2d 502 (Fla. 2008) (sanctions on pro se filing practices)
- James v. State, 1 So.3d 172 (Fla. 2009) (dismissals for lack of jurisdiction in related filings)
- Grate v. State, 750 So.2d 625 (Fla. 1999) (jurisdictional prerequisites for habeas petitions)