Clark v. Florida

Background

Bret Clark, who was a law student when he got a speeding ticket on August 12, 1982, pleaded not guilty, represented himself at trial, and was fined $100. The Florida circuit court, acting in its appellate role, affirmed on September 4, 1984. Clark later graduated and joined the Florida Bar. He filed a late petition for review in state court on February 14, 1985, saying he only learned of the earlier order in January after his driver’s license was suspended.

Reasoning

Clark raised several merits complaints about his stop and penalty, including a claim about a radar display, a challenge to higher fines for contesting guilt, and an attack on the 55 mph limit. State courts dismissed his late petition for lack of jurisdiction on April 15, 1985, and imposed a $100 fee under state appellate rules. The Supreme Court dismissed the appeal for want of jurisdiction and, treating Clark’s filings as a petition for certiorari, denied certiorari, leaving the state courts’ procedural and fee rulings intact.

Real world impact

The decision means the Supreme Court will not hear an appeal that is procedurally barred or untimely, and it affirms that state courts can enforce filing deadlines and award fees for frivolous or improperly timed filings. The Court did not decide the speed-related claims on their merits, so those issues remain unresolved at the national level.

Dissents or concurrances

Chief Justice Burger concurred and said the appeal was utterly frivolous; he urged awarding fees and would have imposed a $1,000 penalty on Clark for abusing court processes.