Nelson v. Crews
110 So. 3d 890
| Fla. | 2013Background
- Nelson, an inmate, filed a pro se petition for writ of mandamus in this Court, which was denied as lacking a clear legal right to relief.
- This Court expressly retained jurisdiction to pursue possible sanctions against Nelson for meritless filings related to circuit court case 98-14227.
- Nelson was convicted of attempted murder and other crimes in Duval County and sentenced, including a 55-year term; the First DCA affirmed.
- Since finality, Nelson filed sixteen filings in this Court—writs and discretionary petitions—pertaining to the same circuit court case, many of which were stricken for untimeliness, unauthorized filing, or Rules noncompliance.
- After a show-cause order, the Court concluded Nelson’s mandamus petition and related filings were frivolous, constituting abuse of the judicial process.
- The Court ordered the Clerk to reject any future pro se filings by Nelson relating to 98-14227 unless signed by a member in good standing of The Florida Bar, and to forward a copy of the opinion to the Department of Corrections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions are warranted for Nelson's frivolous filings. | Nelson contends for meaningful review and attempts to pursue relief. | Court finds pattern of abuse and meritless filings wasting resources. | Sanctions imposed; frivolous filings sanctioned. |
| Whether Nelson should be prohibited from filing further pro se pleadings in this Court related to 98-14227. | Nelson's rights to access courts are asserted. | Court must protect scarce resources; sanctions include barring pro se filings. | Yes; future pro se filings related to 98-14227 are to be rejected unless signed by a Florida Bar member. |
| What is the scope of the sanction and related administrative actions. | Not applicable as Nelson seeks relief; no merits present. | Clerk must enforce bar on pro se filings and forward the opinion to the DOC. | Clerk to reject such filings absent Bar-signed representation; forward certified copy of the opinion to the DOC. |
Key Cases Cited
- James v. Tucker, etc., 75 So.3d 231 (Fla.2011) (sanctions on pro se filing practices)
- Johnson v. Rundle, 59 So.3d 1080 (Fla.2011) (sanctions for improper pro se filings)
- Steele v. State, 14 So.3d 221 (Fla.2009) (sanctions for frivolous pro se filings)
- Pettway v. McNeil, 987 So.2d 20 (Fla.2008) (sanctions for misusing judicial resources)
- Tate v. McNeil, 983 So.2d 502 (Fla.2008) (sanctions for abuse of process in filings)
- State v. Spencer, 751 So.2d 47 (Fla.1999) (due process before imposing sanctions)