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Geneva M. Kellum v. State of Florida

Docket 5D2025-2089

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Habeas CorpusAffirmed
Filed
Jurisdiction
Florida
Court
District Court of Appeal of Florida
Type
Opinion
Case type
Habeas Corpus
Disposition
Affirmed
Docket
5D2025-2089

Appeal from the circuit court's denial of a postconviction motion in a Duval County criminal case

Summary

The Fifth District Court of Appeal issued a per curiam order affirming a prior trial-court denial of Geneva M. Kellum’s postconviction motion in Duval County criminal case number 16-2009-CF-006375-A. The court warned that Kellum’s continued filing of repetitive, abusive, or frivolous pro se postconviction claims arising from that case could lead to sanctions, including a prohibition on further pro se filings in this court and referral to prison officials for disciplinary measures. The caution cites state statute and precedent supporting restrictions on serial frivolous filings.

Issues Decided

  • Whether the trial court erred in denying Appellant's postconviction motion in Duval County Circuit Court Case No. 16-2009-CF-006375-A
  • Whether Appellant's pro se postconviction filings are abusive, repetitive, malicious, or frivolous such that sanctions should be considered

Court's Reasoning

The court affirmed the denial of relief on the merits of the postconviction motion as previously decided. Because the filings in this and related matters appeared to be repetitive or frivolous, the court relied on statutory authority and precedent permitting restrictions and sanctions against serial abusive filings to justify warning the appellant. The combination of an affirmed denial and the pattern of filings supported the caution that further similar filings could prompt sanctions.

Authorities Cited

  • Florida Statute on prisoner disciplinary proceedings§ 944.279(1), Fla. Stat. (2020)
  • State v. Spencer751 So. 2d 47 (Fla. 1999)

Parties

Appellant
Geneva M. Kellum
Appellee
State of Florida
Judge
Mark J. Borello
Attorney
James Uthmeier, Attorney General
Attorney
Amanda Uwaibi

Key Dates

Court of Appeal decision date
2026-04-24

What You Should Do Next

  1. 1

    Consult counsel before filing

    If the appellant believes new, nonfrivolous grounds exist, consult an attorney to evaluate claims and prepare any further filings to avoid sanctions for repetitive or frivolous submissions.

  2. 2

    Avoid repetitive pro se filings

    Do not submit additional pro se motions raising the same issues in Duval County Circuit Court Case No. 16-2009-CF-006375-A without new, substantial legal or factual grounds.

  3. 3

    If sanctioned, consider procedural options

    If the court bars filings or prison officials impose discipline, obtain counsel promptly to explore motions to lift restrictions or to seek relief through appropriate appellate or postconviction procedures.

Frequently Asked Questions

What did the court decide?
The court affirmed the denial of the appellant’s postconviction motion and warned that further abusive, repetitive, or frivolous filings could lead to sanctions.
Who is affected by this decision?
Geneva M. Kellum is directly affected; future pro se filings by Kellum about the specified Duval County case are at risk of being barred or referred for prison discipline.
What kind of sanctions did the court warn about?
The court warned it could bar pro se filings in this court and refer the matter to prison officials for disciplinary action, potentially including loss of gain time.
Can this ruling be appealed?
The decision is an appellate disposition; further appellate review would be limited and depend on available procedural avenues and timeliness, and the court’s warning suggests additional filings raising the same issues are likely to be rejected.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
FIFTH DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                      Case No. 5D2025-2089
                 LT Case No. 16-2009-CF-006373-A
                  _____________________________

GENEVA M. KELLUM,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Duval County.
Mark J. Borello, Judge.

Geneva M. Kellum, Florida City, pro se.

James Uthmeier, Attorney General, Tallahassee, and Amanda
Uwaibi, for Appellee.

                          April 24, 2026


PER CURIAM.

     This Court previously affirmed the trial court’s order denying
Appellant’s motion for relief in Duval County Circuit Court Case
No. 16-2009-CF-006375-A. Because it appears that Appellant’s
postconviction filings are abusive, repetitive, malicious, or
frivolous, Appellant is cautioned that any further similarly
inappropriate pro se filings in this Court asserting claims
stemming from Duval County Circuit Court Case No. 16-2009-CF-
006375-A may result in sanctions such as a bar on pro se filing in
this Court and referral to prison officials for disciplinary
proceedings, which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So. 2d 47 (Fla.
1999).


    APPELLANT CAUTIONED.

WALLIS, EDWARDS, and BOATWRIGHT, JJ., concur.




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