Villalobos v. State, 96 So. 3d 970

Villalobos convicted 1/15/1993 of capital sexual battery on a minor; life with 25-year MSR imposed 1/20/1993.
Direct appeal affirmed; numerous postconviction motions filed and denied as untimely, successive, or meritless.
On 5/8/2012 Villalobos filed a Notice of Appeal from 4/12/2012 trial court order denying a 9/7/2011 postconviction motion.
Court ordered show cause on 6/18/2012 why he should not be prohibited from further pro se filings concerning case 92-5384.
Court concluded current appeal lacks merit and issued a prohibition on filing further pro se appeals, pleadings, motions, or petitions relating to 92-5384.
Clerk directed to refuse filings unless by a Florida Bar member; DOC to consider disciplinary measures for frivolous filing under §§ 944.279(1), 944.28(2)(a).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Propriety of barring further pro se filings in 92-5384	Villalobos contends rights to appeal and seek relief persist	Court may sanction frivolous filings to protect integrity of proceedings	Affirmed ban on further pro se filings
Authority to refer for disciplinary measures	Not argued; procedural sanction unnecessary	Sanctions appropriate for frivolous postconviction filings	Direct Clerk to forward to DOC for disciplinary consideration

Hepburn v. State, 934 So.2d 515 (Fla. 3d DCA 2005) (frivolous filings may be sanctioned; no constitutional right to file frivolous claims)
Johnson v. State, 915 So.2d 682 (Fla. 3d DCA 2005) (procedural safeguards and limits on repetitive, meritless filings)
Lewis v. Casey, 518 U.S. 343 (U.S. Supreme Court 1996) (no constitutional right to a frivolous claim; sanctions permissible)
Spencer, State v., 751 So.2d 47 (Fla. 1999) (good cause and merit review standards for pro se appeals in Florida)
Hicks v. State, 974 So.2d 1116 (Fla. 3d DCA 2008) (there comes a point where enough is enough in frivolous filings)
Minor v. State, 963 So.2d 797 (Fla. 3d DCA 2007) (illustrates limits on repetitive postconviction challenges)