Michael Charles Desue v. Julie L. Jones, etc.
213 So. 3d 801
Fla.2017Background
- Michael Charles Desue, a state prisoner, filed a pro se habeas petition (his 27th filing with the Florida Supreme Court) challenging his 1987 forgery convictions and his 1992 robbery convictions and sentences.
- Desue has a long history of postconviction filings; his 1987 and 1992 convictions were affirmed on direct appeal and numerous postconviction attempts have been denied or dismissed by Florida courts.
- The Court previously retained jurisdiction and issued a show-cause order directing Desue to explain why he should not be sanctioned or barred from further pro se filings regarding those convictions.
- Desue’s response reiterated the same arguments in his petition and made only a brief expression of remorse for his repeated filings.
- The Court concluded Desue’s remorse was insufficient, determined his petition was frivolous, and found he will likely continue to abuse court resources if not restrained.
- The Court ordered the Clerk to reject any future pleadings from Desue related to the specified case numbers unless signed by a member of The Florida Bar, and directed a certified copy of the opinion to the Department of Corrections per §944.279(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Desue must show cause to avoid sanctions for repeated filings | Desue repeated prior claims challenging convictions and implicitly argued petition warranted review | Court: filings are repetitive and abuse resources; Desue failed to show adequate cause | Court held Desue failed to show cause and sanctions are warranted |
| Whether the petition is a frivolous proceeding under §944.279(1) | Desue maintained merits of his claims | Court found claims frivolous or unauthorized and thus within statutory scope | Court held petition is frivolous under §944.279(1) |
| Whether the Court should bar Desue from filing pro se about specified cases | Desue argued merits and sought relief pro se | Court pointed to extensive history of meritless filings and brief remorse | Court barred future pro se filings on listed case numbers unless signed by Florida Bar member |
| Whether the Clerk must forward opinion to DOC for disciplinary consideration | Desue did not oppose forwarding | Respondent implicitly supported statutory procedure | Court directed Clerk to forward certified opinion to DOC per Steele and §944.279(1) |
Key Cases Cited
- Pettway v. State, 776 So. 2d 930 (Fla. 2000) (discussing treatment of unauthorized or meritless habeas filings)
- Baker v. State, 878 So. 2d 1236 (Fla. 2004) (addressing dismissal of unauthorized claims)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999) (procedures for retaining jurisdiction and screening successive postconviction filings)
- Steele v. State, 14 So. 3d 221 (Fla. 2009) (procedures for notifying DOC when a prisoner files frivolous proceedings)