JAMES M. CROSS, v. MICHAEL D. CREWS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES M. CROSS, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-1821 MICHAEL D. CREWS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. ___________________________/ Opinion filed June 27, 2013. Petition for Writ of Habeas Corpus -- Original Jurisdiction. James M. Cross, pro se, Petitioner. No appearance for Respondent. PER CURIAM. This petition for writ of habeas corpus challenges 2003 judgments and sentences in Leon County Circuit Court case number 02-03364-AF. The petition is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004) (reiterating that habeas corpus cannot be used to litigate issues that could have been or were raised on direct appeal or in postconviction motions). Due to petitioner s apparent abuse of the legal process by his repeated pro se filings attacking his convictions and sentences, this court issued an order directing petitioner to show cause why he should not be prohibited from future pro se filings. State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999) (requiring that courts first provide notice and an opportunity to respond before preventing [a] litigant from bringing further attacks on his or her conviction and sentence. ). Petitioner s response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions. As such, because petitioner s continued and repeated attacks on his convictions and sentences have become an abuse of the legal process, we hold that he is barred from future pro se filings in this court concerning Leon County Circuit Court case number 02-03364-AF. The Clerk of the Court is directed not to accept any future filings concerning this case unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this 2 opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes. See Fla. R. App. P. 9.410. VAN NORTWICK, THOMAS, and ROBERTS, JJ., CONCUR. 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.