Wilson v. State
Wilson, a serial pro se postconviction litigant subject to a 2018 trial court order barring further pro se filings under State v. Spencer, petitioned the Third DCA for a 'belated appeal,' effectively asking the court to lift the sanction order or hear a successive postconviction claim in the first instance. The Third DCA held that Rule 9.141(c)'s belated appeal mechanism did not apply because Wilson was not seeking review of any existing lower court order, and without a written trial court order to review, the appellate court lacked jurisdiction to grant any relief.
Key facts
- Wilson, a pro se criminal defendant subject to a 2018 trial court order barring further pro se filings under State v. Spencer, petitioned the Third District Court of Appeal for a 'belated appeal' seeking to lift the sanction order or have the appellate court hear a successive postconviction claim in the first instance.
- The trial court had previously entered a Spencer sanction order prohibiting Wilson from filing further pro se motions or pleadings.
- +2 more key facts with a free trial
Why it matters
This opinion clarifies the practical consequences of a Spencer sanction order for pro se criminal defendants and confirms that appellate courts cannot bypass such orders by hearing successive postconviction claims… — full analysis with a trial
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