Clark v. State of Florida

Summary

The Florida Second District Court of Appeal directs its clerk to place in an inactive file future original proceedings or notices of appeal filed by Shannon L. Clark concerning a specified Pinellas County criminal case unless signed by a Florida Bar member in good standing. The order follows the court’s finding that Clark had initiated more than forty-five related proceedings and continued to submit meritless and repetitive challenges to his sentence.

Holdings

1. Because Clark had initiated more than forty-five related proceedings, continued to raise meritless and repetitive challenges, and failed to justify his filings after notice and an opportunity to respond, the court directed its clerk to place in an inactive file any future original proceeding or notice of appeal concerning the specified lower-court case unless signed by a member in good standing of The Florida Bar.
2. The court denied the motion to take judicial notice of void proceedings and the request for an evidentiary hearing.

Questions Presented

1. Whether the court should restrict Clark from filing future original proceedings or notices of appeal concerning his Pinellas County criminal case unless the filing is signed by a member in good standing of The Florida Bar.
2. Whether Clark's motion to take judicial notice of void proceedings and request for an evidentiary hearing should be granted.

Disposition

other