Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/19/2018
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NOTICE-APPEAL (3.851 INITIAL)
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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10/24/2018
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No Fee Required
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3.851 Proceeding
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10/24/2018
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Order Denying in Part Defendant's Motion for Postconviction Relief and Granting in Limited Part Defendant's Motion for Postconviction Relief as to a New Penalty Phase Pursuant to Hurst v. State
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10/24/2018
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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10/24/2018
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 01/07/2019; ROA: 01/28/2019
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12/03/2018
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STATUS REPORT
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Status Report
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12/20/2018
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STATUS REPORT
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Adrian Gentry Soud 175153 BY: Adrian Gentry Soud 175153
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Status Report of Compliance with Supreme Court of Florida Order to Detail Current Status of Record Preparation
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12/20/2018
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STATUS REPORT
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Adrian Gentry Soud 175153 BY: Adrian Gentry Soud 175153
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Corrected Status Report of Compliance with Supreme Court of Florida Order to Detail Current Status of Record Preparation
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01/14/2019
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STATUS REPORT
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Status Report
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01/15/2019
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RECORD/TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Filed Electronically (Redacted Version)
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01/15/2019
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RECORD/TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Filed Electronically (Unredacted Version)
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01/16/2019
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ORDER-DEP BRIEF SCHED (100)
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The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before
April 25, 2019; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief.
As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
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01/23/2019
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EXHIBITS
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Ronnie Fussell BY: Ronnie Fussell
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Copies of Court Exhibit #1, Defense Exhibit #34, and Defense Exhibit #38 (3 CDs Placed w/ File)
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04/03/2019
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STATUS REPORT
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Supplemental Status Report
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04/25/2019
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MOTION-BRIEF PAGE ENLARGEMENT
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Motion for Leave to File Brief in Excess of Page Limit (Corrected/Amended Motion filed 4/29/2019)
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04/25/2019
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INITIAL BRIEF-MERITS
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Appellant's Initial Brief
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04/26/2019
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RESPONSE
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AE State Of Florida state1 BY: AE Lisa Hopkins 99459
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Objection to Motion for Enlargement
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04/29/2019
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MOTION-BRIEF PAGE ENLARGEMENT
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Appellant's Corrected and Amended Motion to Enlarge His Initial Brief
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05/01/2019
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Appellant's Motion to Enlarge His Initial Brief is hereby granted, and the initial brief on the merits was filed with this Court on April 25, 2019.
Appellee shall have 70 days from the date of this order in which to file the answer brief on the merits.
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07/10/2019
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ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Lisa Hopkins 99459
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Answer Brief of Appellee
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07/10/2019
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Motion for Extension of Time for Filing Reply Brief on Denial of Relief Under Rule 3.851
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07/16/2019
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Appellant's motion for extension of time is granted, and appellant is allowed to and including October 3, 2019, in which to file the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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09/09/2019
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LETTER
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AA Terry Smith 130985 BY: AA Terry Smith 130985
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Letter dated August 30, 2019
*Stricken, per 1/29/2020 Order.*
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10/03/2019
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REPLY BRIEF-MERITS
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Appellant's Reply Brief
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10/16/2019
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ORDER-OA SCHED
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The above cases are hereby scheduled for oral argument at 9:00 a.m., Wednesday, February 5, 2020. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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01/29/2020
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ORDER-STRIKE
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Appellant's letter dated August 30, 2019, is hereby stricken.
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02/05/2020
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ORAL ARGUMENT HELD
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02/18/2020
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MAIL RETURNED
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AA Terry Smith 130985 BY: AA Terry Smith 130985
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Order entered 1/29/2020. *Mailed to updated address.*
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03/05/2020
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MOTION-BRIEF SUPPLEMENTATION
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AE State Of Florida state1 BY: AE Lisa Hopkins 99459
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Motion to Permit Cross-Appeal and Supplemental Briefing
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03/11/2020
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NOTICE-APPEAL (CROSS)
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AE State Of Florida state1 BY: AE Lisa Hopkins 99459
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State's Notice of Cross-Appeal
*Stricken, per 2/16/2021 Order*
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03/12/2020
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MOTION-STRIKE
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AA Terry Smith 130985 BY: AA Karin L. Moore 351652
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Appellant's Motion to Strike Appellee's Motion to Permit Cross-Appeal and Supplemental Briefing
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04/01/2020
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in the circuit court and in this Court in the above cases are stayed pending disposition of State of Florida v. Michael James Jackson, Case No. SC20-257 and State of Florida v. Bessman Okafor, Case No. SC20-323, which are pending in this Court.
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04/02/2020
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LETTER
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AA Terry Smith 130985 BY: AA Terry Smith 130985
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04/27/2020
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NOTICE-APPEARANCE
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AE State Of Florida state1 BY: AE William D. Chappell 120449
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07/02/2020
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NOTICE-APPEARANCE
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AE State Of Florida state1 BY: AE Jason W. Rodriguez 125285
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Notice of Appearance and Substitution of Counsel
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02/16/2021
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ORDER-BRIEF SUPPLEMENTATION DY
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Appellee/Respondent's Motion to Permit Cross-Appeal and Supplemental Briefing is hereby denied and the State's Notice of Cross-Appeal, filed with this Court on March 11, 2020, is stricken. Appellant/Petitioner's "Motion to Strike Appellee's Motion to Permit Cross-Appeal and Supplemental Briefing" is hereby denied as moot.
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10/21/2021
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DISP-AFFIRMED
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FSC-OPINION: For the reasons stated above, we affirm the postconviction court's order denying Smith's motion for postconviction relief as to the guilt phase and deny the petition for a writ of habeas corpus. It is so ordered.
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11/05/2021
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MOTION-REHEARING
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AA Terry Smith 130985 BY: AA Elizabeth Spiaggi 1002602
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12/10/2021
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DISP-REHEARING DY
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Appellant/Petitioner's Motion for Rehearing is hereby denied.
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12/28/2021
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MANDATE
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12/28/2021
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ORDER-NOTICE OF DELAY
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Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
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01/07/2022
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PUBLISH FULL
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04/06/2022
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USSC Order GR Ext of Time
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The application for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to
Justice Thomas, who on March 9, 2022, extended the time to and including
April 11, 2022.
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04/18/2022
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USSC Not/Cert Filed in FSC
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The petition for a writ of certiorari in the above entitled case was filed on April
11, 2022 and placed on the docket April 14, 2022 as No. 21-7610.
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05/19/2022
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USSC Disp-Certiorari Dy
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The Court today entered the following order in the above-entitled case:
The petition for a writ of certiorari is denied.
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