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ANTHONY J. STOKES, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ANTHONY J. STOKES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-93 [January 12, 2011] PER CURIAM. In the circuit court, the state?s response to a pro se emergency petition for writ of habeas corpus included a request for the issuance of an order prohibiting appellant from filing any further pro se pleadings in the case, pursuant to State v. Spencer, 751 So. 2d 47 (Fla. 1999). Ultimately, the circuit court granted the state?s motion for a Spencer order. Appellant failed to respond to an order to show cause on the Spencer issue because he did not receive it; he established this fact through a prison log of mail received at the relevant time. As the state concedes, Spencer requires notice and a reasonable opportunity to respond before a Spencer order issues...continue to full post

Full post as published by Florida Criminal Law Opinions on January 12, 2011 (boomark / email).