State Codes and Statutes

Statutes > Florida > TitleXLVII > Chapter924 > 924_395

924.395 Sanctions.

   (1) The Legislature strongly encourages the courts, through their inherent powers and pursuant to this section, to impose sanctions against any person within the court’s jurisdiction who is found by a court, in a capital postconviction proceeding or appeal therefrom, to have:

   (a) Abused a petition for extraordinary relief, postconviction motion, or appeal therefrom;

   (b) Raised a claim that a court has found to be frivolous or procedurally barred or that should have been raised on the direct appeal;

   (c) Improperly withheld evidence or testimony; or

   (d) Adversely affected the orderly administration of justice.

   (2) Sanctions the court may and should consider, when applicable and appropriate in a case, include, but are not limited to:

   (a) Dismissal of a pleading;

   (b) Disciplinary sanctions;

   (c) A fine; and

   (d) Any other sanction that is available to the court under its inherent powers.

History. s. 17, ch. 2000-3.

State Codes and Statutes

Statutes > Florida > TitleXLVII > Chapter924 > 924_395

924.395 Sanctions.

   (1) The Legislature strongly encourages the courts, through their inherent powers and pursuant to this section, to impose sanctions against any person within the court’s jurisdiction who is found by a court, in a capital postconviction proceeding or appeal therefrom, to have:

   (a) Abused a petition for extraordinary relief, postconviction motion, or appeal therefrom;

   (b) Raised a claim that a court has found to be frivolous or procedurally barred or that should have been raised on the direct appeal;

   (c) Improperly withheld evidence or testimony; or

   (d) Adversely affected the orderly administration of justice.

   (2) Sanctions the court may and should consider, when applicable and appropriate in a case, include, but are not limited to:

   (a) Dismissal of a pleading;

   (b) Disciplinary sanctions;

   (c) A fine; and

   (d) Any other sanction that is available to the court under its inherent powers.

History. s. 17, ch. 2000-3.


State Codes and Statutes

State Codes and Statutes

Statutes > Florida > TitleXLVII > Chapter924 > 924_395

924.395 Sanctions.

   (1) The Legislature strongly encourages the courts, through their inherent powers and pursuant to this section, to impose sanctions against any person within the court’s jurisdiction who is found by a court, in a capital postconviction proceeding or appeal therefrom, to have:

   (a) Abused a petition for extraordinary relief, postconviction motion, or appeal therefrom;

   (b) Raised a claim that a court has found to be frivolous or procedurally barred or that should have been raised on the direct appeal;

   (c) Improperly withheld evidence or testimony; or

   (d) Adversely affected the orderly administration of justice.

   (2) Sanctions the court may and should consider, when applicable and appropriate in a case, include, but are not limited to:

   (a) Dismissal of a pleading;

   (b) Disciplinary sanctions;

   (c) A fine; and

   (d) Any other sanction that is available to the court under its inherent powers.

History. s. 17, ch. 2000-3.