Blaxton v. State

Summary

The Supreme Court of Florida denied Otis D. Blaxton’s mandamus petition seeking to compel the State to convene a grand jury to review his incarceration. Finding that Blaxton had repeatedly filed frivolous or meritless requests for relief, the court imposed filing restrictions requiring counsel for future filings concerning specified convictions and sentences. The court also directed that a certified copy of the opinion be sent to the Florida Department of Corrections for possible disciplinary action under section 944.279, Florida Statutes.

Holdings

1. Blaxton was not entitled to a writ of mandamus because his petition did not satisfy the basic requirements for mandamus relief and was frivolous.
2. Blaxton failed to show cause why sanctions should not be imposed, and the Court could restrict his future pro se filings concerning the specified convictions and sentences.
3. Section 944.279, Florida Statutes, applies to frivolous or malicious collateral criminal proceedings and authorized the Court to refer the opinion to the Department of Corrections for possible disciplinary action.

Questions Presented

1. Whether Blaxton was entitled to a writ of mandamus compelling the State to convene a grand jury to review his incarceration.
2. Whether Blaxton had shown cause why sanctions and restrictions should not be imposed based on his repeated frivolous pro se filings.
3. Whether section 944.279, Florida Statutes, authorized referral of the opinion to the Department of Corrections for possible disciplinary action based on frivolous collateral criminal proceedings.

Disposition

other