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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05/14/2018
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DUAL BASIS-NOTICE-DISCRE JURIS-STAT VALID / CERT DIR CONFL
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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& Direct Conflict
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05/15/2018
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JURIS INITIAL BRIEF
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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05/15/2018
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APPENDIX-JURIS BRIEF
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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05/16/2018
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No Fee - Insolvent
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Insolvent Below
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05/16/2018
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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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***05/16/2018 - Amended to included additional parties**
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05/16/2018
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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05/18/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP David H. Thompson BY: MP David H. Thompson
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05/21/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by David H. Thompson, on behalf of the NRA Freedom Action Foundation, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
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05/22/2018
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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MP NRA Freedom Action Foundation BY: MP Davis Cooper 114059
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NRA Freedom Action Foundation
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05/22/2018
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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MP Unified Sportsmen of Florida, Inc. BY: MP Jason B. Gonzalez 146854
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Notice of Intent to File Amicus Brief by Unified Sportsmen of Florida, Inc.
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05/30/2018
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LETTER
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MP NRA Freedom Action Foundation BY: MP David H. Thompson
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Letter regarding pro hac vice payment
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05/30/2018
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Pro Hac Vice
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2018 - 1030602 Amount: $100
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06/11/2018
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: WE Edward M. Wenger 85568
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06/26/2018
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before July 16, 2018; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.
The Clerk of the Third District Court of Appeal must file the record which must be properly indexed and paginated on or before August 27, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
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07/09/2018
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MOTION-AMICUS CURIAE
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MR League Of Prosecutors - Florida BY: MR Penny H. Brill 305073
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Motion for Leave to File Amicus Brief by the League of Prosecutors - Florida and Request to File Brief 10 Days after the Response by the State is Filed
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07/09/2018
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ORDER-AMICUS CURIAE GR
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The Motion for Leave to File Amicus Brief by the League of Prosecutors - Florida and Request to File Brief 10 Days after the Response by the State is Filed is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/10/2018
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MOTION-AMICUS CURIAE
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MP NRA Freedom Action Foundation BY: MP Davis Cooper 114059
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Motion by the NRA Freedom Action Foundation for Leave to File Amicus Brief in Support of Neither Party
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07/11/2018
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ORDER-AMICUS CURIAE GR
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The Motion by the NRA Freedom Action Foundation for Leave to File Amicus Brief in Support of Neither Party is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/12/2018
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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Unopposed Motion to Extend Time for Filing Initial Brief
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07/13/2018
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and Petitioner is allowed to and including August 15, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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07/20/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Darren Laverne BY: MR Darren Laverne
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07/20/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Timur Tusiray BY: MR Timur Tusiray
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07/23/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Stephen P. Halbrook BY: MP Stephen P. Halbrook
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07/23/2018
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MOTION-AMICUS CURIAE
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MR University Of Miami School Of Law Federal Appellate Clinic BY: MR Ricardo J. Bascuas 93157
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Unopposed Motion of the University of Miami School of Law Federal Appellate Clinic for Leave to File an Amicus Curiae Brief in Support of the Circuit Court's Order
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07/24/2018
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ORDER-AMICUS CURIAE GR
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The Unopposed Motion of the University of Miami School of Law Federal Appellate Clinic for Leave to File an Amicus Curiae Brief in Support of the Circuit Court's Order is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/24/2018
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MOTION-AMICUS CURIAE
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MP Unified Sportsmen of Florida, Inc. BY: MP Jason B. Gonzalez 146854
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Motion for Leave to File Amicus Curiae Brief in Support of Petitioner by Unified Sportsmen of Florida, Inc.
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07/24/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion for leave to file brief as amicus curiae filed by United Sportsmen of Florida, Inc. is hereby granted and they are allowed to file brief only in support of Petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
The motion to appear pro hac vice filed in the above cause by Stephen P. Halbrook, on behalf of United Sportsmen of Florida, Inc., is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
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07/24/2018
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MOTION-AMICUS CURIAE
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MR Everytown For Gun Safety BY: MR Sean Santini 832898
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Motion for Leave to File an Amicus Curiae Brief by Everytown for Gun Safety and the Brady Center to Prevent Gun Violence and Request to File Brief 10 Days After Respondent's Brief is Filed
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07/25/2018
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Everytown for Gun Safety and the Brady Center to Prevent Gun Violence is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
The motions to appear pro hac vice filed in the above cause by Darren LaVerne and Timur Tusiray, on behalf of Everytown for Gun Safety and the Brady Center to Prevent Gun Violence, is hereby granted and each counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on July 20, 2018.
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08/02/2018
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Pro Hac Vice
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2018 - 1030930 Amount: $100
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Stephen P. Halbrook
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08/15/2018
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INITIAL BRIEF-MERITS
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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Initial Brief of Petitioner
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08/15/2018
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APPENDIX-MERIT BRIEF
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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Petitioners' Appendix to Initial Brief
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08/22/2018
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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District Court Record on Appeal (Filed electronically)
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08/24/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP NRA Freedom Action Foundation BY: MP Davis Cooper 114059
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Brief of Amicus Curiae National Rifle Association Freedom Action Foundation in Support of Neither Party
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08/24/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Unified Sportsmen of Florida, Inc. BY: MP Jason B. Gonzalez 146854
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Brief of Amicus Curiae Unified Sportsmen of Florida, Inc., in Support of Petitioner
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08/27/2018
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MOTION-AMICUS CURIAE
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MR Giffords Law Center To Prevent Gun Violence BY: MR Glenn Burhans 605867
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Unopposed Motion for Leave to File Amicus Brief
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08/27/2018
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Giffords Law Center to Prevent Gun Violence is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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08/27/2018
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MOTION-AMICUS CURIAE
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MP Florida Public Defender Association BY: MP Glen P. Gifford 664261
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Motion for Leave to File an Amicus Curiae Brief -- Florida Public Defender Association & Florida Association of Criminal Defense Lawyers
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08/27/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Florida Public Defender Association BY: MP Glen P. Gifford 664261
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Brief of Amici Curiae Florida Public Defender Association and Florida Association of Criminal Defense Lawyers in Support of the Petitioner
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08/28/2018
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by Florida Public Defender Association, Inc. and the Florida Association of Criminal Defense Lawyers is hereby granted and they are allowed to file brief only in support of Petitioner. The brief by the above referenced amici curiae was filed with this Court on August 27, 2018.
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08/31/2018
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NOTICE-APPEARANCE
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RS State Of Florida state1 BY: RS Christopher J. Baum 1007882
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08/31/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Christopher J. Baum 1007882
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09/04/2018
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted, and respondent is allowed to and including October 10, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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10/08/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Christopher J. Baum 1007882
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10/08/2018
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted, and respondent is allowed to and including October 19, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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10/19/2018
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Amit Agarwal 125637
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Respondent's Answer Brief
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10/23/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Daniel M. Ketani BY: MR Daniel M. Ketani
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10/24/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Daniel M. Ketani, on behalf of Everytown for Gun Safety and the Brady Center to Prevent Gun Violence, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on October 23, 2018.
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10/25/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR League Of Prosecutors - Florida BY: MR Penny H. Brill 305073
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Brief of Amicus Curiae League of Prosecutors - Florida in Support of Neither Party on the Issue of the Constitutionality of §776.032(4), Florida Statutes (2017) and in Support of the Respondent on the Issue of the Retroactivity of §776.032(4), Florida Statutes (2017)
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10/25/2018
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MOTION-RECORD SUPPLEMENTATION
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MR League Of Prosecutors - Florida BY: MR Penny H. Brill 305073
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Motion to Supplement the Record on Appeal or to Require the Parties to Supplement the Record on Appeal with the Other Circuit Court Orders in State v. Rutherford and State v. Toiran Reviewed by the Trial Court in Rendering its Order
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10/25/2018
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APPENDIX-MERIT BRIEF
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MR League Of Prosecutors - Florida BY: MR Penny H. Brill 305073
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Supplemental Record to Brief of Amicus Curiae League of Prosecutors - Florida in Support of Neither Party on the Issue of the Constitutionality of §776.032(4), Florida Statutes (2017) and in Support of the Respondent on the Issue of the Retroactivity of §776.032(4), Florida Statutes (2017)
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10/26/2018
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MOTION-AMICUS CURIAE
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DA2 Miami-Dade State Attorney'S Office BY: DA2 Katherine Fernandez-Rundle 240303
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Motion for Leave to Appear as Amicus for Purpose of Adopting the Position of the League of Prosecutors
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10/29/2018
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ORDER-RECORD SUPPLEMENTATION DY
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The Motion to Supplement the Record on Appeal or to Require the Parties to Supplement the Record on Appeal with the Other Circuit Court Orders in State v. Rutherford and State v. Toiran Reviewed by the Trial Court in Rendering its Order is hereby denied.
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10/29/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Everytown For Gun Safety BY: MR Darren Laverne
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Brief of Amici Curiae Everytown for Gun Safety and the Brady Center to Prevent Gun Violence in Support of Respondent
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10/29/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Giffords Law Center To Prevent Gun Violence BY: MR Glenn Burhans 605867
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Brief of Amicus Curiae Giffords Law Center to Prevent Gun Violence
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10/29/2018
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR University Of Miami School Of Law Federal Appellate Clinic BY: MR Ricardo J. Bascuas 93157
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Amicus Brief of the University of Miami School of Law Federal Appellate Clinic in Support of Neither Party on the Issue of the Constitutionality of Florida Statutes § 776.032 -- Stricken October 30, 2018. Exceeds 20 page limit.
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10/30/2018
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Amicus curiae University of Miami School of Law Federal Appellate Clinic's brief, which was filed with this Court on October 29, 2018, does not comply with Florida Rule of Appellate Procedure 9.370 and is hereby stricken. The amicus curiae is hereby directed, on or before November 5, 2018, to file an amended brief which does not exceed 20 pages.
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10/30/2018
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AMICUS CURIAE ANSWER AMD BRIEF-MERITS
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MR University Of Miami School Of Law Federal Appellate Clinic BY: MR Ricardo J. Bascuas 93157
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Amended Amicus Brief of the
University of Miami School of Law Federal Appellate Clinic
in Support of Neither Party on the
Issue of the Consitutionality of Florida Statutes § 776.032
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11/13/2018
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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11/13/2018
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 12, 2018, in which to serve 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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11/13/2018
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RESPONSE
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RS State Of Florida state1 BY: RS Amit Agarwal 125637
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11/19/2018
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ORDER-AMICUS CURIAE DY
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The Motion for Leave to Appear as Amicus for Purpose of Adopting the Position of the League of Prosecutors filed in the above cause by the Miami-Dade State Attorney's Office is hereby denied.
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12/12/2018
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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Unopposed Motion to Extend Time for Filing Reply Brief
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12/12/2018
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 19, 2018, in which to serve 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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12/19/2018
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REPLY BRIEF-MERITS
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PT Tashara Love BY: PT Jeffrey Paul Desousa 110951
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01/04/2019
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, March 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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03/06/2019
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ORAL ARGUMENT HELD
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12/19/2019
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DISP-QUASHED & REMANDED
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FSC-OPINION: Accordingly, we quash Love and remand for further proceedings consistent with this opinion. In the certified conflict case of Martin, the pretrial hearing was properly conducted under Bretherick. We thus disapprove Martin's decision to order a new hearing. It is so ordered.
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12/30/2019
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MOTION-COUNS WITHDRAWAL
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RS State Of Florida state1 BY: WE Edward M. Wenger 85568
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Motion to Withdraw as Counsel
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01/02/2020
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ORDER-COUNS WITHDRAWAL GR
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The Motion to Withdraw as Counsel is granted and Edward Wenger is hereby allowed to withdraw as co-counsel for respondent.
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01/10/2020
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MANDATE
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01/10/2020
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PUBLISH FULL
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