Hyland v. State

Third District Court of Appeal
State of Florida
Opinion filed August 9, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D17-817
Lower Tribunal No. 08-21027
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Samson Hyland,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Yvonne Colodny, Judge.
Samson Hyland, in proper person.
Pamela Jo Bondi, Attorney General, for appellee.
Before SUAREZ, SALTER, and FERNANDEZ, JJ.
SUAREZ, J.
We affirm without discussion the trial court’s Order denying Defendant
Samson Hyland’s most recent 3.850 motion.
ORDER TO SHOW CAUSE
Since 2014 Hyland has filed numerous petitions and appeals to this Court
regarding the legality of his sentence and the evidence presented at his trial.1 We
recognize that incarcerated persons must be provided with a full panoply of
procedural vehicles with which to challenge the lawfulness of their incarceration.
State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). On the other hand, successive
motions which have been heard, considered, rejected and then raised again are an
abuse of process. Concepcion v. State, 944 So. 2d 1069, 1072 (Fla. 3d DCA
2006).
This Court has the authority to limit abuses of process by pro se litigants.
Consequently, Hyland is hereby directed to show cause within forty-five days of
this opinion, as to why he should not be prohibited from filing any further pro se
appeals, petitions, motions or other pleadings related to his criminal conviction in
circuit court case number F08-21027.
1 The following describe the many occasions this Court has reviewed Hyland’s
related and unsuccessful motions and petitions related to circuit court case number
F08-21027. Hyland v. State, 2017 WL 2211360 (Fla. 3d DCA Apr. 24, 2017);
Hyland v. State, 2017 WL 1403603 (Fla. 3d DCA Mar. 30, 2017); Hyland v. State,
2017 WL 1423532 (Fla. 3d DCA Mar. 31, 2017); Hyland v. State, 211 So. 3d 1048
(Fla. 3d DCA 2016); Hyland v. State, 199 So. 3d 272 (Fla. 3d DCA 2016); Hyland
v. State, 2015 WL 77988 (Fla. 3d DCA Jan. 7, 2015); Hyland v. State, 160 So. 3d
439 (Fla. 3d DCA 2014); and Hyland v. State, 138 So. 3d 454 (Fla. 3d DCA 2014).
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If Hyland does not demonstrate good cause, we will direct the Clerk of this
Court not to accept any such filings unless they have been reviewed by, and bear
the signature of, a licensed attorney in good standing with the Florida Bar.
Additionally, and absent a showing of good cause, any further and
unauthorized filings by Hyland will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action. See, §944.279(1), Fla. Stat.
(2016).
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