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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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10/16/2006
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Herbert N. Price, Jr. BY: PT Herbert N. Price, Jr.
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(10/13/2006: UNCERTIFIED COPY RECV'D)
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10/19/2006
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No Fee Required
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HABEAS CORPUS BELOW
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10/30/2006
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JURIS INITIAL BRIEF
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PT Herbert N. Price, Jr. BY: PT Herbert N. Price, Jr.
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(O&5) (W/APPENDIX) (FILED 2 DAYS LATE) (11/01/06: ADVISED PETITIONER BRIEF WAS NOT TIMELY AND REQ'D A PROPER MOTION) (11/20/06: 5 COPIES FILED)
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11/15/2006
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Kellie A. Nielan 618550
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(O&5 & EMAIL) (W/APPENDIX)
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11/20/2006
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Herbert N. Price, Jr. BY: PT Herbert N. Price, Jr.
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FILED AS "MOTION FOR ENLARGEMENT OF TIME"
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11/28/2006
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's Motion for Enlargement of Time has been treated as a motion to accept brief as timely filed and is granted. Petitioner's jurisdictional brief was filed with this Court on October 30, 2006.
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12/18/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Herbert N. Price, Jr. BY: PT Herbert N. Price, Jr.
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(CONTAINS ARGUMENT) ***STRICKEN, SEE ORDER DATED 12/20/06***
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12/20/2006
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument and does not contain a copy of the cited authority.
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02/28/2007
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ORDER-NO REQ&BRIEF SCHED/COUNS APPT/JURIS ACCEPTED
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It is ordered that Mary Elizabeth Adkins of 303 State Road 26, Melrose, Florida 32666, is hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner's counsel only. Pursuant to Florida Rule of Appellate Procedure 9.140(f)(4), the district court of appeal is hereby directed, within twenty days from the date of this order, to provide to the above newly appointed counsel a copy of all filings before their court, including the record on appeal. The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before April 16, 2007; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order. The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before April 27, 2007. The record shall include the briefs filed in the district court separately indexed.
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04/13/2007
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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04/16/2007
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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 May 7, 2007, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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04/26/2007
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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3 VOLUMES (INCLUDING 1 VOL BRIEFS) NOT E-FILED
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05/03/2007
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REQUEST-JUDICIAL NOTICE
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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O&7 - SEE 06/04/2007 ORDER - GRANTED
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05/07/2007
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INITIAL BRIEF-MERITS
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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O&7 & E-MAIL (REQ'D 2003 WORD); 06/04/2007: E-MAIL FILED IN 2003 WORD)
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05/07/2007
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APPENDIX
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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O&7
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05/30/2007
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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W/APPENDIX (O&7 & E-MAIL)
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06/04/2007
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ORDER-OTHER SUBSTANTIVE GR
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Petitioner's Request for Judicial Notice is hereby granted.
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06/25/2007
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REPLY BRIEF-MERITS
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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O&7 & E-MAIL
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09/19/2007
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction and dispensed with oral argument on February 28, 2007. The Court has now determined that oral argument should be granted and the above case is scheduled for oral argument at 9:00 a.m., Thursday, December 6, 2007.
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10/01/2007
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ORAL ARGUMENT CALENDAR
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10/01/2007
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on December 6, 2007, has been rescheduled for oral argument at 9:00 a.m., Monday, December 3, 2007. 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.
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12/03/2007
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ORAL ARGUMENT HELD
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03/17/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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(CONTAINS ARGUMENT) ***STRICKEN - SEE ORDER DATED 03/28/2008
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03/28/2008
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ORDER-SUPP AUTHORITY STRICKEN
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Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it contains argument.
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04/03/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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AMENDED (04/04/2008: REQ'D 7 COPIES) 04/10/2008: 7 COPIES FILED
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08/07/2008
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LETTER-CASE STATUS INQUIRY
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PRO SE DATED 08/04/2008
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08/25/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Herbert N. Price, Jr. BY: PT Mary Elizabeth Adkins 935417
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O&7
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10/08/2008
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DISP-APPROVED
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We hold that our decision in State v. Gray, 435 So. 2d 816 (Fla. 1983), is not applicable to this case because the information did not wholly fail to charge a crime. The information alleged the essential elements of the crime and was not fundamentally defective. Additionally, we hold that the district court did not erroneously dismiss Price's direct appeal. For the foregoing reasons, we approve the decision by the Fifth District Court of Appeal in Price to the extent it is not inconsistent with this opinion.
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10/31/2008
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MOTION-REHEARING
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PT Herbert N. Price, Jr. BY: PT Herbert N. Price, Jr.
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(PRO SE) (RC) (NOT A PROPER CERT. OF SERVICE)
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11/03/2008
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your motion for rehearing will not be submitted to the Court until you have served Mary Elizabeth Adkins, P. O. Box 511, Melrose, Florida 23266-0511; Kristen L. Davenport, Assistance Attorney General, 444 Seabreeze Boulevard, Fifth Floor, Daytona Beach, Florida 32118; Kellie A. Nielan, Office of Attorney Genearl, 444 Seabreeze Boulevard, Suite 500, Daytona Beach, Florida 32118, and provided this Court with a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within twenty days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410.
Please understand that once this case is dismissed, it is not subject to reinstatement.
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11/17/2008
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CERTIFICATE OF SERVICE (AMD)
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PT Herbert N. Price, Jr. V17064 BY: PS Herbert N. Price, Jr. V17064 (TO MOT-REHEARING)
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12/18/2008
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DISP-REHEARING/REINST STRICKEN (UNTIMELY)
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(RC)
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12/18/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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3 VOLUMES, 1 VOLUME OF BRIEFS
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02/02/2009
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PETITION-MISC OTHER PROCEEDINGS
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PT Herbert N. Price, Jr. BY: PT Herbert N. Price, Jr.
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FOR WRIT OF CERTIORARI FILED IN USSC (FSC SERVED WITH COPY)
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03/05/2009
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