Shirah v. State
| Decision Date | 19 October 2018 |
| Docket Number | No. SC18-476,SC18-476 |
| Citation | 257 So.3d 23 |
| Parties | Kenneth L. SHIRAH, Sr., Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
257 So.3d 23
Kenneth L. SHIRAH, Sr., Petitioner,
v.
STATE of Florida, Respondent.
No. SC18-476
Supreme Court of Florida.
October 19, 2018
Kenneth L. Shirah, Sr., pro se, Tallahassee, Florida, for Petitioner
No appearance for Respondent
PER CURIAM.
This case is before the Court on the petition of Kenneth L. Shirah, Sr. for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. By order dated July 10, 2018, we dismissed Shirah's petition as facially insufficient. Shirah v. State , No. SC18-476, Order at 1, 2018 WL 3360586 (Fla. July 10, 2018). Concurrent with the dismissal of the petition, we expressly retained jurisdiction to pursue possible sanctions against Shirah. Id. ; see Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion).
Shirah was convicted in the Circuit Court for the Fourteenth Judicial Circuit, in and for Holmes County, Florida, of two counts of coercing a child to perform a sex act (case number 301992CF000178XXAXMX), and sentenced to a seventeen-year term of imprisonment for each count in 1993. Shirah was released from custody in 2000.
Shirah began filing petitions with the Court in 2000. Since that time, he has filed thirteen previous petitions and notices related to his convictions in circuit court case number 301992CF000178XXAXMX.1 Seven of these filings have been habeas petitions that were dismissed as facially insufficient, while the remainder were dismissed on other grounds, denied, or transferred.
The habeas petition in this case was no exception. The petition contained scattered references to Shirah's convictions and sentences, but was otherwise nearly incomprehensible. Because this was Shirah's fourteenth petition or notice pertaining to his convictions filed in this Court since 2000, and the eighth such petition to be dismissed as facially insufficient, we issued an order directing Shirah to show cause why he should not be prohibited from filing any further pro se documents in this Court related to the above-stated case. Shirah failed to file a response to the order to show cause.
This Court has exercised its inherent authority to sanction...
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