Norman E. Caison, Appellant,
The State of Florida, Appellee.
final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County Lower Tribunal
No. 93-38756, Martin Zilber, Judge.
E. Caison, in proper person.
Jo Bondi, Attorney General, for appellee.
SUAREZ, C.J., and EMAS and LOGUE, JJ.
affirm the trial court's order denying Norman
Caison's motion to correct illegal sentence pursuant to
Florida Rule of Criminal Procedure 3.800(a). In his 2016
motion, Caison challenges the procedure by which the trial
court imposed court costs (totaling $255) during his
sentencing in 1995. Caison's argument is wholly without
TO SHOW CAUSE
we note that Caison has filed at least sixteen separate
appeals or original proceedings with this court related to
lower court case number 93-38756.
one exception, this court has affirmed the lower court or
otherwise denied Caison relief on appeal. Caison has
engaged in the filing of meritless, frivolous and successive
claims, and his actions have caused this court to expend
precious and finite judicial resources which could otherwise
be devoted to cases raising legitimate claims. Hedrick v.
State, 6 So.3d 688, 691 (Fla. 4th DCA 2010) (noting:
"A legitimate claim that may merit relief is more likely
to be overlooked if buried within a forest of frivolous
pro se parties must be afforded a genuine and adequate
opportunity to exercise their constitutional right of access
to the courts, that right is not unfettered. The right to
proceed pro se may be forfeited where it is determined, after
proper notice and an opportunity to be heard, that the party
has abused the judicial process by the continued filing of
successive or meritless collateral claims in a criminal
proceeding. State v. Spencer, 751 So.2d 47 (Fla.
1999). As our sister court aptly described it, there comes a
point when "enough is enough." Isley v.
State, 652 So.2d 409, 410 (Fla. 5th DCA 1995). Although
termination of the right to proceed pro se will undoubtedly
impose a burden on a litigant who may be unable to afford
counsel, courts must strike a balance between the pro se
litigant's right to participate in the judicial process
and the courts' authority to protect the judicial process
Appellant Norman Caison is hereby directed to show cause,
within thirty days from the date of this opinion, why he
should not be prohibited from filing any further pro se
appeals, pleadings, motions, or petitions relating to his
convictions, judgments and sentences in circuit court case
number 93-38756. Absent a showing of good cause, we intend to
direct the Clerk of the Third District Court of Appeal to
refuse to accept any such papers relating to circuit court
case number 93-38756 unless they have been reviewed and
signed by an attorney who is a duly licensed member of The
Florida Bar in good standing.
and absent a showing of good cause, any such further and
unauthorized pro se filings by this defendant will subject
Caison to appropriate sanctions, including the issuance of
written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary ...