Legal Opinion

Wilson v. State

District Court of Appeal of Florida

Decided April 13, 2011No. 4D10-3786PublishedCited by 3 opinions

1Per curiam

We reverse the trial court’s order striking the appellant’s first postconviction relief motion, filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court struck the motion for postconviction relief based upon the court’s prior orders prohibiting the appellant from filing future pro se pleadings. The order was entered pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). Spencer permits a court to prohibit a litigant who has filed repetitious and frivolous pleadings and papers from filing further attacks on his or her conviction and sentence, after notice and opportunity to…

2Cases cited2 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Bivins v. StateDistrict Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Casey v. StateDistrict Court of Appeal of Florida · 2014
  2. Jimenez-Jimenez v. StateDistrict Court of Appeal of Florida · 2014
  3. Jeffrey Smith v. State of FloridaDistrict Court of Appeal of Florida · 2016

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