Opinion
No. SC07-2012.
February 15, 2008.
The petition for writ of habeas corpus is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 289 (Fla. 2000); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990).
The Court hereby expressly retains jurisdiction to pursue any possible sanctions against petitioner. See generally Fla.R.App.P. 9.410 (Sanctions).
Since 1995, John E. Pettway has initiated nineteen other cases in this Court involving his convictions and sentences entered by the Sixth Judicial Circuit Court, in and for Pinellas County, Florida, in Case No. 92-3445CFAES. See Pettway v. State, No. SC07-1559 (Fla. Aug. 20, 2007) (notice of appeal transferred); Pettway v. State, 962 So. 2d 337 (Fla. 2007) (petition for writ of mandamus denied pursuant to Pettway v. State, 776 So. 2d 930, 931 (Fla. 2000) and Topps v. State, 865 So. 2d 1253 (Fla. 2004)); Pettway v. State, No. SC05-1162 (Fla. Jun. 16, 2005) (notice of appeal transferred); Pettway v. State, 895 So. 2d 1067 (Fla. 2005) (Table) (petition for writ of mandamus denied in part, dismissed without prejudice in part); Pettway v. Crosby, 895 So. 2d 406 (Fla. 2005) (petition for writ of habeas corpus denied pursuant to Pettway, 776 So. 2d at 931); Pettway v. State, 895 So. 2d 406 (Fla. 2005) (Table) (petition for writ of mandamus dismissed as moot); Pettway v. State, No. SC01-1044 (Fla. May 9, 2001) (petition for writ of habeas corpus transferred as a petition for belated appeal); Pettway v. State, 776 So. 2d 930 (Fla. 2000) (in denying a petition for writ of habeas corpus to enforce the Court's previous transfer order, the Court announced that it generally would not "consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there"); Pettway v. State, 776 So. 2d 276 (Fla. 2000) (Table) (notice to invoke discretionary jurisdiction denied); Pettway v. Moore, 761 So. 2d 330 (Fla. 1999) (Table) (petition for writ of habeas corpus denied as procedurally barred); Pettway v. Moore, 740 So. 2d 528 (Fla. 1999) (Table) (petition for writ of habeas corpus denied as successive); Pettway v. State, 735 So. 2d 1286 (Fla. 1999) (Table) (notice to invoke discretionary jurisdiction denied for lack of jurisdiction); Pettway v. State, 729 So. 2d 393 (Fla. 1999) (Table) (notice to invoke discretionary jurisdiction dismissed for lack of jurisdiction); Pettway v. Singletary, 697 So. 2d 511 (Fla. 1997) (Table) (petition for writ of habeas corpus denied); Pettway v. State, 670 So. 2d 939 (Fla. 1996) (Table) (notice to invoke discretionary jurisdiction dismissed for lack of jurisdiction); Pettway v. Singletary, 669 So. 2d 251 (Fla. 1996) (Table) (petition for writ of habeas corpus denied); Pettway v. Singletary, 664 So. 2d 249 (Fla. 1995) (Table) (notice to invoke discretionary jurisdiction dismissed for lack of jurisdiction); Pettway v. Singletary, 664 So. 2d 249 (Fla. 1995) (Table) (notice to invoke discretionary jurisdiction dismissed for lack of jurisdiction); Pettway v. State, 659 So. 2d 1088 (Fla. 1995) (Table) (notice to invoke discretionary jurisdiction dismissed for lack of jurisdiction).
This Court has chosen to sanction pro se petitioners who have abused the judicial process and otherwise misused this Court's limited judicial resources by filing frivolous or otherwise nonmeritorious filings related to their convictions and sentences. Such petitioners have been barred from initiating further proceedings in this Court, related to their convictions and sentences, unless their pleadings, motions, or other requests for relief were filed under the signature of a member of The Florida Bar in good standing. See e.g., Jackson v. Fla. Dept. of Corr., 790 So. 2d 398 (Fla. 2001); Rivera v. State, 728 So. 2d 1165 (Fla. 1998); Attwood v. Singletary, 661 So. 2d 1216 (Fla. 1995).
It appearing that Pettway has abused the judicial process by filing numerous pro se filings in this Court that are either meritless or not appropriate for this Court's review, the Court now takes action. Therefore, John E. Pettway is hereby directed to show cause on or before March 3, 2008, why he should not be barred from filing any pleadings, motions, or other requests for relief related to his convictions and sentences in Case No. 92-3445CFAES, unless such filings are signed by a member of the Florida Bar in good standing.
WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur.