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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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01/09/2018
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NOTICE-APPEAL (3.851 INITIAL)
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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01/10/2018
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No Fee Required
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3.851 Proceeding
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01/10/2018
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Order Denying Defendant's Motion for Postconviction Relief
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01/10/2018
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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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01/10/2018
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 04/02/2018; ROA: 04/23/2018
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02/07/2018
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RECORD/TRANSCRIPT
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Angelina M. Colonneso MANATEE BY: Angelina M. Colonneso MANATEE
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Filed Electronically
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02/09/2018
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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 May 18, 2018; 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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02/12/2018
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EXHIBITS
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Angelina M. Colonneso MANATEE BY: Angelina M. Colonneso MANATEE
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Copy of Defendant's Exhibit #3A (1 DVD Placed w/ Red Folder)
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02/14/2018
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STATUS REPORT
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Diana Lee Moreland 709867 BY: Diana Lee Moreland 709867
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Report on Status of Preparation of the Record
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05/18/2018
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INITIAL BRIEF-MERITS
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Initial Brief of Appellant
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07/27/2018
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ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Answer Brief of the Appellee
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09/05/2018
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REPLY BRIEF-MERITS
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Reply Brief of Appellant
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01/18/2019
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NOTICE-ADDRESS CHANGE
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Notice of Change of Contact Information
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01/23/2019
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, May 8, 2019. 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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04/22/2019
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MOTION-RELINQUISH
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Emergency Motion to Supplement the Record by Relinquishing Jurisdiction to the Circuit Court for an Evidentiary Hearing (Redacted Version filed 4/23/2019)
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04/22/2019
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MOTION-ORAL ARGUMENT RESCHEDULE
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Emergency Joint Motion of the Appellant and Appellee to Stay Oral Argument Pending Fact-Finding in the Lower Court (Amended 4/22/2019)
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04/22/2019
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MOTION-RELINQUISH
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Filed as "Emergency Motion of the Appellant to Stay Oral Argument Pending Fact-Finding in the Lower Court" (Amended 4/22/2019)
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04/22/2019
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MOTION-ORAL ARGUMENT RESCHEDULE
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Amended Emergency Joint Motion of the Appellant and Appellee to Stay Oral Argument Pending Fact-Finding in the Lower Court
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04/22/2019
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MOTION-RELINQUISH
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Filed as "Amended Emergency Motion of the Appellant to Stay Oral Argument Pending Fact-Finding in the Lower Court"
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04/23/2019
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MOTION-RELINQUISH
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Emergency Motion to Supplement the Record by Relinquishing Jurisdiction to the Circuit Court for an Evidentiary Hearing (Redacted Version)
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04/25/2019
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ORDER-RELINQUISHMENT GR (CIRC CT)
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Appellee's Emergency Motion to Supplement the Record by Relinquishing Jurisdiction to the Circuit Court for an Evidentiary Hearing, filed April 23, 2019, is granted, and the jurisdiction of the above cause is temporarily relinquished to the circuit court for a period of sixty days for the purpose of conducting an evidentiary hearing.
Counsel for the parties are hereby directed to file status reports with this Court every fifteen days as to the progress of the relinquishment proceeding. Upon conclusion of the required hearing and the issuance of the circuit court's order, the circuit court clerk shall immediately transmit a copy of its order to this Court. The court reporters are hereby directed to transcribe and file all transcripts of hearings held pursuant to this order with the circuit court clerk within thirty days from the date of entry of the circuit court's order. The circuit court clerk shall have twenty days thereafter to file the supplemental record on appeal with this Court.
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04/25/2019
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ORDER-ORAL ARGUMENT RESCHEDULE GR
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The Amended Joint Motion of the Appellant and Appellee to Stay Oral Argument Pending Fact-Finding in the Lower Court, filed April 22, 2019, is granted, and the above case, which was scheduled for oral argument on May 8, 2019, has been removed from the oral argument calendar. Oral argument will be reset by separate order.
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04/25/2019
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ORDER-RELINQUISHMENT DY
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The Amended Emergency Motion of the Appellant to Stay Oral Argument Pending Fact-Finding in the Lower Court, filed April 22, 2019, is hereby denied.
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04/25/2019
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RELINQUISHMENT STARTED
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05/08/2019
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STATUS REPORT
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Status Report
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05/10/2019
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Appellee's Status Report
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05/23/2019
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Appellee's Status Report
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05/24/2019
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STATUS REPORT
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Status Report
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05/31/2019
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NOTICE-FILING
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Appellee's Supplement to May 23, 2019, Status Report/Notice of Filing Emergency Motion to Enforce Rule 3.190(I) in the Lower Court
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06/07/2019
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Appellee's Status Report
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06/07/2019
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STATUS REPORT
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Status Report
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06/24/2019
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ORDER-CIRCUIT COURT
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Amended Order Denying Defendant's Motion for Postconviction Relief
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06/24/2019
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Appellee's Status Report
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06/24/2019
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RELINQUISHMENT ENDED
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06/25/2019
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SUPP RECORD/TRANSCRIPT
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Angelina M. Colonneso MANATEE BY: Angelina M. Colonneso MANATEE
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Filed Electronically
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07/10/2019
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ORDER-BRIEF SUPPLEMENTATION
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Having received the trial court's amended final order and the supplemental record on appeal, the parties in the above case are directed to file supplemental briefs addressing the relinquishment proceedings only. Appellant's supplemental initial brief, which is not to exceed twenty pages, is to be filed by July 25, 2019. Appellee's supplemental answer brief, which shall not exceed twenty pages, shall be filed fifteen days after filing of appellant's supplemental initial brief. Appellant's supplemental reply brief, which shall not exceed ten pages, shall be filed seven days after filing of appellee's supplemental answer brief.
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07/24/2019
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NOTICE-APPEARANCE
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Notice of Appearance
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07/24/2019
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SUPP INITIAL BRIEF-MERITS
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Supplemental Initial Brief of Appellant
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08/08/2019
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SUPP ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Supplemental Answer Brief of Appellee Addressing the Relinquishment Proceedings
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08/13/2019
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NOTICE-UNAVAILABILITY
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Notice of Unavailability
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08/15/2019
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SUPP REPLY BRIEF-MERITS
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AA Delmer Smith 135769 BY: AA Eric Calvin Pinkard 651443
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Supplemental Reply Brief of Appellant
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08/21/2019
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, November 6, 2019. 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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09/27/2019
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NOTICE-APPEARANCE
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AE State Of Florida state1 BY: AE Timothy Arthur Freeland 539181
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Notice of Appearance of Counsel
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11/06/2019
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ORAL ARGUMENT HELD
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11/08/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE State Of Florida state1 BY: AE Timothy Arthur Freeland 539181
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Notice of Supplemental Authority: Cummings v. Sec'y for Dept. of Corr., 588 F.3d 1331, 1357 (11th Cir. 2009) and Krawczuk v. Sec'y, Fla. Dept. of Corr., 873 F.3d 1273, 1293 (11th Cir. 2017), cert. denied, Krawczuk v. Jones, 139 S. Ct. 134 (2018)
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03/05/2020
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DISP-AFFIRMED
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FSC-OPINION: Because the postconviction court properly denied all claims argued in this appeal, we affirm the amended order denying postconviction relief. It is so ordered.
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03/19/2020
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NOTICE-APPEARANCE
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AA Delmer Smith 135769 BY: AA Ali Andrew Shakoor 669830
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Notice of Appearance and Substitution of Counsel
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03/19/2020
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MOTION-REHEARING
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AA Delmer Smith 135769 BY: AA Ali Andrew Shakoor 669830
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01/28/2021
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MOTION-EXPEDITE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Motion to Expedite
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02/02/2021
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DISP-REHEARING DY
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Appellant's Motion for Rehearing is hereby denied.
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02/02/2021
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ORDER-EXPEDITE DY
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Appellee's motion to expedite is hereby denied as moot.
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02/18/2021
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MANDATE
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02/18/2021
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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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02/26/2021
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PUBLISH FULL
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