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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03/31/2003
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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04/08/2003
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No Fee - Insolvent
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PUBLIC DEFENDER
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09/03/2003
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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PENDING DISPOSITION OF STATE v. BAEZ WHICH IS PENDING IN THIS COURT
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11/05/2004
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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11/10/2004
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ORDER-OA SCHED (PREV ACCEPTED)
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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.
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11/10/2004
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ORAL ARGUMENT CALENDAR
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AT 10:00 A.M.
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12/01/2004
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INITIAL BRIEF-MERITS
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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O&7 W/APPENDIX AND E-MAIL
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12/09/2004
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RECORD/TRANSCRIPT
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Frank J Habershaw BY: Frank J Habershaw
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CERTIFICATE OF CLERK, 1 VOLUME RECORD, 2 VOLUMES SUPPLEMENTAL RECORD, 1 VOLUME CC PAPERS
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12/22/2004
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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12/22/2004
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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ANSWER BRIEF-MERITS
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01/03/2005
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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 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.
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01/11/2005
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ORDER-OTHER SUBSTANTIVE
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ISSUED IN STATE v. PERKO, NO. SC04-1324, REMOVING & UNCONSOLIDATING FOR 04/20/2005 OA WITH THIS CASE.
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01/24/2005
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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O&7 W/APPENDIX AND E-MAIL
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02/10/2005
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REPLY BRIEF-MERITS
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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O&7 W/E-FILE (TOO LONG)
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02/11/2005
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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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.
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02/21/2005
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REPLY AMD BRIEF-MERITS
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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O&7 W/E-FILE
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04/20/2005
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ORAL ARGUMENT HELD
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04/25/2005
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ORDER-SUPP LOWER TRIBUNAL DOCUMENTS REQ
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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.
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04/25/2005
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MISC. DOCKET ENTRY
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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)
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04/25/2005
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MISC. DOCKET ENTRY
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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)
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04/25/2005
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MISC. DOCKET ENTRY
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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)
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07/13/2005
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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O&7
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10/14/2005
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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(REQ 7 COPIES); 7 COPIES FILED 10/18/05
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10/24/2005
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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O&7
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04/06/2006
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ORDER-BRIEF SUPPLEMENTATION
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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.
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04/26/2006
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SUPP INITIAL BRIEF-MERITS
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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RE: STATE v. FRIERSON (O&7 & E-MAIL)
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04/27/2006
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SUPP ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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RE: STATE v. FRIERSON (O&7 & E-MAIL) (FILED 1 DAY LATE)
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05/01/2006
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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FOR RESPONDENT'S SUPP. ANSWER BRIEF
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05/15/2006
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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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.
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11/08/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Lorenzo Golphin BY: PT Noel Arthur Pelella 396664
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(O&7)
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12/14/2006
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DISP-APPROVED
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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.
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12/21/2006
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MAIL RETURNED
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NOEL A. PELELLA - OPINION - 12/22/2006: remailed to correct address
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01/05/2007
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 VOLUME RECORD, 2 VOLUMES SUPPLEMENTAL RECORD
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02/16/2007
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ARCHIVES
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03/14/2007
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USSC CERTIORARI
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06-1251
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& ORDER REC'D 3/19/07
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10/01/2007
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USSC DISP-CERTIORARI DY
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06-1251
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& ORDER REC'D 10/08/2007
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