Summary
The Supreme Court of Florida dismissed James L. Tate, Jr.'s habeas corpus petition as unauthorized and considered sanctions based on his repeated filings challenging the same conviction and sentence. The court ordered the clerk to reject future pro se filings by Tate concerning that conviction unless signed by a member in good standing of The Florida Bar, while preserving his ability to seek relief through counsel.
Holdings
- Tate failed to show cause why he should not be sanctioned because his response merely reargued the merits of claims that had repeatedly been presented in unsuccessful or unauthorized proceedings.
- The Clerk of the Florida Supreme Court may reject future pleadings, petitions, motions, documents, or other filings submitted by Tate concerning case 93-580CFA unless they are signed by a member in good standing of The Florida Bar.
Questions Presented
- Whether Tate showed cause why he should not be sanctioned and barred from making further pro se filings concerning his conviction and sentence.
- Whether the Supreme Court of Florida could require that future filings concerning the conviction and sentence be signed by a member in good standing of The Florida Bar.
Disposition
other
Cases Cited (20)
- Tate v. State, 671 So. 2d 798 (Fla. 4th DCA 1996) (table)(applied)
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)(applied)
- Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 113 S.Ct. 397, 121 L.Ed.2d 305 (1992)(followed)
- In re Sindram, 498 U.S. 177, 111 S.Ct. 596, 112 L.Ed.2d 599 (1991)(followed)
- In re McDonald, 489 U.S. 180, 184, 109 S.Ct. 993, 103 L.Ed.2d 158 (1989)(followed)
- Sibley v. Fla. Jud. Qual. Comm'n, 973 So. 2d 425 (Fla. 2006)(followed)
- Lanier v. State, 908 So. 2d 332 (Fla. 2005)(followed)
- Jean v. State, 906 So. 2d 1055 (Fla. 2005)(followed)
- Armstead v. State, 817 So. 2d 841 (Fla. 2002)(followed)
- Peterson v. State, 817 So. 2d 838, 840 (Fla. 2002)(followed)
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