District Court of Appeal of Florida· 9/15/2010
Johnson v. State
Citations
- 44 So. 3d 198
- 2010 Fla. App. LEXIS 13631
- 2010 WL 3584000
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that sanctions are warranted regardless of a pro se defendant’s filing history where he appeals from the denial of frivolous, abusive, or untimely claims
- holding a claim need not be repetitive to be frivolous or to be an abuse of the postconviction process
- noting that a claim need not be repetitive to be frivolous and stating that a court may sanction a prisoner under section 944.279 regardless of the prisoner’s history of filing
- “A claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process”
- “Untimely postconviction challenges, which do not establish an exception to the two-year time limit, are abusive and sanctionable”
- “A claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process. Under section 944.279, a court may sanction any frivolous post-conviction filing and/or appeal regardless of the prisoner’s history of filing.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Polen, Hazouri, Ciklin
Read full opinion on CourtListenerCited by
15 cases in this archive cite this case.
- Ponton v. WillisDistrict Court of Appeal of Florida· 2015-08-27· cited 17×
- Ferris v. StateDistrict Court of Appeal of Florida· 2012-10-10· cited 13×
- Hall v. StateDistrict Court of Appeal of Florida· 2012-08-08· cited 10×
- Jacobs v. StateDistrict Court of Appeal of Florida· 2014-05-21· cited 6×
- Wimberly v. StateDistrict Court of Appeal of Florida· 2010-12-29· cited 5×
- Roosevelt Carroll, Jr. v. State of FloridaDistrict Court of Appeal of Florida· 2016-05-03· cited 4×
- Bradford B. Banks, Jr. v. StateDistrict Court of Appeal of Florida· 2017-02-17· cited 4×
- KEVIN ROLAND v. STATE OF FLORIDADistrict Court of Appeal of Florida· 2019-04-03· cited 2×
- State v. ManningDistrict Court of Appeal of Florida· 2013-08-07· cited 2×
- Casey v. StateDistrict Court of Appeal of Florida· 2014-12-03· cited 1×
- Carter v. StateDistrict Court of Appeal of Florida· 2011-11-09
- Angel Guzman v. StateDistrict Court of Appeal of Florida· 2015-01-07
- Bryan Flowers v. State of FloridaDistrict Court of Appeal of Florida· 2019-09-09
- Anderson v. StateDistrict Court of Appeal of Florida· 2016-12-12
- Hartman v. StateDistrict Court of Appeal of Florida· 2010-12-08
Cites
3 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.