Williams v. State
121 So. 3d 1114
| Fla. Dist. Ct. App. | 2013Background
- In May 1989 Williams was indicted for first-degree murder, attempted first-degree murder, and unlawful possession of a firearm; a jury convicted him of first-degree murder and firearm possession, and he received life with a 25-year minimum.
- The convictions and sentences were affirmed on direct appeal.
- Since 1990 Williams has repeatedly filed postconviction motions and habeas petitions challenging the 1988 case (lower tribunal case No. 88-33341); none have succeeded.
- On March 14, 2013 Williams filed a pro se habeas petition alleging ineffective assistance of appellate counsel for failing to raise alleged jury-instruction error regarding manslaughter definitions.
- The Third DCA found the claim successive and frivolous after reviewing Williams’s filings and case law, and ordered that no further pro se filings related to that case be accepted unless submitted by a Florida Bar member in good standing.
- The court also directed the clerk to send a certified copy of the opinion to the Department of Corrections for possible disciplinary measures under Florida law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for not raising alleged manslaughter-instruction error | Williams: appellate counsel failed to identify and raise fundamental jury-instruction error (lack of definition for excusable/justifiable homicide), warranting relief | State/Court: the asserted factual premise is incorrect and the claim is successive and frivolous | Court rejected the ineffective-assistance claim as frivolous and without merit |
| Whether Williams’s petition is successive/frivolous and subject to sanction | Williams: admits claim is successive but contends it is not frivolous | Court: extensive prior unsuccessful filings show claim is frivolous; no constitutional right to file frivolous suits | Court found the filing frivolous and that Williams has exhausted acceptable pro se filings on this matter |
| Whether to preclude further pro se filings in this case | Williams: seeks to continue filing pro se pleadings | Court/State: repeated meritless filings warrant restriction | Court barred acceptance of further pro se appeals, motions, petitions related to case No. 88-33341 unless filed by a Florida Bar member in good standing |
| Whether to refer case to DOC for disciplinary review | N/A | Court: referral appropriate under Florida statutes given persistent frivolous filings | Court directed clerk to forward certified opinion to DOC for consideration of disciplinary measures |
Key Cases Cited
- Edwards v. State, 96 So.3d 1154 (Fla. 3d DCA 2012) (recognizes inmates' procedural rights but permits limiting frivolous filings)
- Hepburn v. State, 934 So.2d 515 (Fla. 3d DCA 2005) (no constitutional right to pursue frivolous lawsuits)
- Villalobos v. State, 96 So.3d 970 (Fla. 3d DCA 2012) (supports limiting repetitive pro se prisoner filings)
- Spencer v. State, 751 So.2d 47 (Fla. 1999) (procedure for determining whether to restrict further filings by a pro se prisoner)
- Pettway v. McNeil, 987 So.2d 20 (Fla. 2008) (procedures and authority for referring repetitive filer to corrections for disciplinary consideration)