Desue v. Jones, SC16–1222

• Decision Date: 23 March 2017
• Docket Number: No. SC16–1222,SC16–1222
• Citation: 213 So.3d 801
• Parties: Michael Charles DESUE, Petitioner, v. Julie L. JONES, etc., Respondent.
• Court: Florida Supreme Court

213 So.3d 801

Michael Charles DESUE, Petitioner,
v.
Julie L. JONES, etc., Respondent.

No. SC16–1222

Supreme Court of Florida.

[March 23, 2017]

Michael Charles Desue, pro se, Carrabelle, Florida, for Petitioner

No appearance for Respondent

PER CURIAM.

Michael Charles Desue has filed a pro se petition for writ of habeas corpus with the Court.¹ This is the twenty-seventh petition or notice Desue has filed with this Court. We dismissed the petition, retained jurisdiction, and directed Desue to show cause why he should not be sanctioned for his abuse of the Court's limited resources. Desue v. Jones , No. SC16–1222, Order at 1, 2016 WL 5720859 (Fla. Sept. 29, 2016) ; see Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion).

Desue has a long history with the courts of this state. In 1987, he was convicted of several counts of uttering forgery in the Circuit Court for the Fourteenth Judicial Circuit, in and for Bay County, Florida, and sentenced to a term of probation (Case Nos. 87–CF–155, 87–CF–156, 87–CF–157, 87–CF–392, 87–CF–393, 87–CF–400, 87–CF–401, 87–CF–433, 87–CF–434, and 87–CF–435). See Desue v. State , 605 So.2d 933, 934 (Fla. 1st DCA 1992). The circuit court subsequently revoked Desue's probation in 1989 and sentenced him to a term of years on each forgery conviction. The First District Court of Appeal affirmed each conviction on appeal. Id.

In 1992, Desue was convicted of robbery with a deadly weapon and robbery without a weapon in the Fourteenth Judicial Circuit (Case No. 92–CF–266). The circuit court sentenced Desue as a habitual felony offender to life in prison on the robbery with a deadly weapon count, and to thirty years' imprisonment on the robbery without a weapon count. In 1994, the First District affirmed Desue's convictions and sentences. Desue v. State , 638 So.2d 940 (Fla. 1st DCA 1994) (table).

After his convictions and sentences became final, Desue repeatedly sought postconviction relief in the Fourteenth Judicial Circuit and the First District. His repeated attempts to obtain such relief resulted in both the Fourteenth Judicial Circuit and the First District barring him from filing any further pro se requests for relief.

213 So.3d 802

Desue v. Tucker , 100 So.3d 151 (Fla. 1st DCA 2012) ; State v. Desue , No. 92–CF–266 (Fla. 14th Cir. Ct. Apr. 25, 2007). Desue has filed twenty-six other petitions or notices with this Court since 2000, the vast majority of which have concerned his 1987 forgery convictions and his 1992 robbery convictions and sentences.² We have never granted Desue the relief sought in any of his filings.

Desue's habeas petition in this case, like the vast majority of his other filings with this Court, challenged his 1987 forgery convictions and his 1992 robbery convictions and sentences. He also challenged the application of the circuit court's pro se barring order to a habeas petition he attempted to file there. We dismissed Desue's habeas petition in part, see Pettway v. State , 776 So.2d 930, 931 (Fla. 2000), and dismissed it as unauthorized in part, see Baker v. State , 878 So.2d 1236 (Fla. 2004). In so doing, and in accordance with State v. Spencer , 751 So.2d 47 (Fla. 1999), we expressly retained jurisdiction and directed Desue to show cause why he should not be barred from filing any further pro se requests for relief concerning his 1987 and 1992 convictions and sentences, and referred to the Florida Department of Corrections for possible disciplinary action pursuant to section 944.279(1), Florida Statutes (2016).

In...