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Marshall v. State
Citations: 845 So. 2d 1022; 2003 Fla. App. LEXIS 7991; 2003 WL 21240519Docket: No. 5D03-584
Court: District Court of Appeal of Florida; May 30, 2003; Florida; State Appellate Court
Marshall's appeal of the denial of his sixth Rule 3.850 motion, which presented a successive claim, was addressed by the court following a show cause order issued under State v. Spencer, allowing for restrictions on future pro se pleadings after providing notice and an opportunity to respond. The court found Marshall's response lacking in merit and determined that he has abused the judicial system repeatedly, qualifying him for the “Enough is enough” rule. Consequently, under the Criminal Appeal Reform Act of 1996, the court prohibits Marshall from filing any additional pro se appeals, pleadings, motions, or petitions regarding his 1983 conviction for first-degree murder, which had previously been affirmed in Marshall v. State. Any future filings related to his judgment and sentence must be submitted through a licensed attorney. The clerk of the Fifth District Court of Appeal is instructed not to accept any further pro se filings from Marshall concerning lower court case number CR82-388. The decision was affirmed, with judges Peterson and Orfinger concurring.