Legal Opinion

Marts v. State

District Court of Appeal of Florida

Decided January 24, 2011No. 1D10-5713PublishedCited by 1 opinion

1Per curiam

The petition for writ of habeas corpus is dismissed. See Baker v. State, 878 So.2d 1236 (Fla.2004) (reiterating that ha-beas corpus cannot be used to litigate is sues that could have been or were raised on direct appeal or in postconviction motions).

Additionally, due to petitioner’s abuse of the legal process by his repeated pro se filings attacking his conviction and sentence, this court ordered petitioner to show cause why he should not be prohibited from future pro se filings. State v. Spencer, 751 So.2d 47, 48 (Fla.1999) (requiring that courts “first provide notice and an opportunity to…

2Cases cited2 opinions

  1. Baker v. StateSupreme Court of Florida · 2004
  2. State v. SpencerSupreme Court of Florida · 1999

3Cited by1 opinion

  1. Marts v. PresnellDistrict Court of Appeal of Florida · 2012

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