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Doc. Date Docketed Description Filed by Notes
03/31/2003 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
04/08/2003 No Fee - Insolvent PUBLIC DEFENDER
09/03/2003 ORDER-STAY PROCEEDINGS FSC (TAG CASE) PENDING DISPOSITION OF STATE v. BAEZ WHICH IS PENDING IN THIS COURT
11/05/2004 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
11/10/2004 ORDER-OA SCHED (PREV ACCEPTED) Golphin v. State SC03-554 and State v. Perko SC04-1324 are hereby consolidated for the purposes of oral argument only. The Court previously accepted jurisdiction and dispensed with oral argument on November 5, 2004. The Court has now determined that oral argument should be granted and the above cases are scheduled for oral argument at 10:00 a.m., Wednesday, April 20, 2005. A maximum of twenty (20) minutes to the side, as consolidated, is allowed for the argument.
11/10/2004 ORAL ARGUMENT CALENDAR AT 10:00 A.M.
12/01/2004 INITIAL BRIEF-MERITS PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 O&7 W/APPENDIX AND E-MAIL
12/09/2004 RECORD/TRANSCRIPT Frank J Habershaw BY: Frank J Habershaw CERTIFICATE OF CLERK, 1 VOLUME RECORD, 2 VOLUMES SUPPLEMENTAL RECORD, 1 VOLUME CC PAPERS
12/22/2004 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
12/22/2004 MOTION-TOLL TIME RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 ANSWER BRIEF-MERITS
01/03/2005 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's Motion for Extension of Time is granted and respondent is allowed to and including January 20, 2005, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
01/11/2005 ORDER-OTHER SUBSTANTIVE ISSUED IN STATE v. PERKO, NO. SC04-1324, REMOVING & UNCONSOLIDATING FOR 04/20/2005 OA WITH THIS CASE.
01/24/2005 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 O&7 W/APPENDIX AND E-MAIL
02/10/2005 REPLY BRIEF-MERITS PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 O&7 W/E-FILE (TOO LONG)
02/11/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's reply brief on the merits, which was filed with this Court on February 10, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before March 3, 2005, to serve an original and seven (7) copies of an amended reply brief which does not exceed fifteen (15) pages in length.
02/21/2005 REPLY AMD BRIEF-MERITS PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 O&7 W/E-FILE
04/20/2005 ORAL ARGUMENT HELD
04/25/2005 ORDER-SUPP LOWER TRIBUNAL DOCUMENTS REQ The Fifth District Court of Appeal is hereby directed, on or before 2:00 p.m., Tuesday, April 26, 2005, to fax this Court the briefs filed in that Court.
04/25/2005 MISC. DOCKET ENTRY Hon. Frank J. Habershaw, Clerk D5 BY: D5 Hon. Frank J. Habershaw, Clerk D5 (FAXED COPY OF INITIAL BRIEF FILED IN DCA PER 04/25/2005 ORDER)
04/25/2005 MISC. DOCKET ENTRY Hon. Frank J. Habershaw, Clerk D5 BY: D5 Hon. Frank J. Habershaw, Clerk D5 (FAX COPY OF ANSWER BRIEF FILED IN DCA PER 04/25/2005 ORDER)
04/25/2005 MISC. DOCKET ENTRY Hon. Frank J. Habershaw, Clerk D5 BY: D5 Hon. Frank J. Habershaw, Clerk D5 (FAX COPY OF REPLY BRIEF FILED IN DCA PER 04/25/2005 ORDER)
07/13/2005 NOTICE-SUPPLEMENTAL AUTHORITY PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 O&7
10/14/2005 NOTICE-SUPPLEMENTAL AUTHORITY PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 (REQ 7 COPIES); 7 COPIES FILED 10/18/05
10/24/2005 NOTICE-SUPPLEMENTAL AUTHORITY PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 O&7
04/06/2006 ORDER-BRIEF SUPPLEMENTATION The parties in the above case are directed to simultaneously file supplemental briefs within twenty (20) days of the date of this order addressing only the impact of this Court's recent decision in State v. Frierson, 31 Fla. L. Weekly S81 (Fla. Feb. 9, 2006) (rehearing denied Mar. 31, 2006). The briefs shall not exceed fifteen (15) pages. Motions to file enlarged briefs will not be entertained by Court.
04/26/2006 SUPP INITIAL BRIEF-MERITS PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 RE: STATE v. FRIERSON (O&7 & E-MAIL)
04/27/2006 SUPP ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 RE: STATE v. FRIERSON (O&7 & E-MAIL) (FILED 1 DAY LATE)
05/01/2006 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 FOR RESPONDENT'S SUPP. ANSWER BRIEF
05/15/2006 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Respondent's motion to accept brief as timely filed is granted and respondent's supplemental brief on the merits was filed with this Court on April 27, 2006.
11/08/2006 NOTICE-SUPPLEMENTAL AUTHORITY PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664 (O&7)
12/14/2006 DISP-APPROVED For the foregoing reasons, we hold that that in light of the totality of the circumstances presented in this case, Golphin's encounter with police was consensual, and this otherwise consensual encounter did not mature into a seizure simply because the police retained Golphin's identification which he had consensually and voluntarily produced for the purpose of conducting the computerized check for warrants in his presence at that location. The discovery of Golphin's outstanding arrest warrant, arrest, and subsequent search incident to that arrest were not the fruits of an illicit seizure. We therefore approve the decision of the Fifth District below which affirmed the trial court's denial of Golphin's motion to suppress.
12/21/2006 MAIL RETURNED NOEL A. PELELLA - OPINION - 12/22/2006: remailed to correct address
01/05/2007 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME RECORD, 2 VOLUMES SUPPLEMENTAL RECORD
02/16/2007 ARCHIVES
03/14/2007 USSC CERTIORARI 06-1251 & ORDER REC'D 3/19/07
10/01/2007 USSC DISP-CERTIORARI DY 06-1251 & ORDER REC'D 10/08/2007