Charles Edward Stallworth v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2020
Docket3D19-1834
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed January 15, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1834
Lower Tribunal No. 01-12950A
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Charles Edward Stallworth,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction—Mandamus.
Charles Edward Stallworth, in proper person.
Ashley Moody, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for respondent.
Before SCALES, LINDSEY and HENDON, JJ.
PER CURIAM.
On October 23, 2019, this Court issued an opinion denying Charles Edward
Stallworth’s mandamus petition. Our opinion contained an order to show cause why
Stallworth should not be prohibited from filing with this Court any further pro se
appeals, petitions, motions or proceedings related to his criminal conviction and
sentence in lower tribunal case number F01-12950A. Stallworth did not file a
response to our show cause order.
We must balance Stallworth’s pro se right of access to courts with this Court’s
need to devote its finite resources to legitimate appeals and petitions, recognizing
the seriousness of the sanction when the litigant is a criminal defendant. See State
v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). After issuing an order to show cause and
giving the defendant an opportunity to respond, this Court may prevent further such
filings in the absence of a showing of good cause. Id.
Because Stallworth did not file a response to our show cause order introducing
new argument or information for our consideration, we conclude that Stallworth has
not demonstrated good cause to justify further pro se filings of appeals, petitions,
motions, and other proceedings with this Court. We direct the Clerk of the Third
District Court of Appeal to refuse to accept from Stallworth any further pro se filings
related to lower tribunal case number F01-12950A; provided, however, that the
Clerk of the Third District Court of Appeal may accept filings related to case number
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F01-12950A if such filings have been reviewed and signed by an attorney who is a
licensed member of the Florida Bar in good standing.
Any further and unauthorized pro se filings by Stallworth will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
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