Stokes v. State
Cases that cite this one
3 later published cases cite this decision.
- ERIC L. WILEY v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- FRED MASSARO v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- Massaro v. State (Fla. Dist. Ct. App. 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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. We reverse the Spencer order and remand to the circuit court where appellant shall be given an opportunity to be heard on the Spencer issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.