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Doc. Date Docketed Description Filed by Notes
03/06/2007 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT State Of Florida state1 BY: WD Alan R. Dakan 118064
03/12/2007 No Fee - State
03/15/2007 MOTION-STAY (FSC PROCEEDINGS) PT State Of Florida state1 BY: WD Alan R. Dakan 118064 (O&1) FILED AS "STATE'S MOTION TO POSTPONE BRIEFING" (W/APPENDIX); DENIED 04/09/2007
03/21/2007 NOTICE-INQUIRY RS Julius Ceasar Mcgriff 796894 BY: RS Julius Ceasar Mcgriff 796894 (04/02/07: ADVISED HANDWRITTEN PLEADINGS ARE ALLOWED)
03/28/2007 MOTION-OTHER SUBSTANTIVE RS Julius Ceasar Mcgriff 796894 BY: RS Julius Ceasar Mcgriff 796894 FILED AS "MOTION TO DENY STATE'S MOTION TO POSTPONE BRIEFING"; DENIED 04/09/2007
04/05/2007 MOTION-STAY (PROCEEDINGS BELOW) PT State Of Florida state1 BY: WD Alan R. Dakan 118064 (O&1) FILED AS "PETITIONER'S MOTION TO STAY EXECUTION OF FIRST DISTRICT'S MANDATE"
04/09/2007 ORDER-STAY PROCEEDINGS FSC (TAG CASE) The proceedings in this Court in the above case are hereby stayed pending disposition of Galindez v. State, Case No. SC05-1341, which is pending in this Court. Petitioner's "Motion to Postpone Briefing" and Respondent's "Motion to Deny State's Motion to Postpone Briefing" are hereby denied as moot.
04/12/2007 ORDER-STAY PROCEEDINGS BELOW GR Petitioner's Motion to Stay Execution of First District's Mandate filed in the above cause is granted and proceedings in the First District Court of Appeal and in the Circuit Court of the Second Judicial Circuit in and for Gadsden County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
05/08/2007 ORDER-SHOW CAUSE (TAG-APPEAL-CONTROLLED BY LEAD CASE) Petitioner shall show cause on or before May 23, 2007, why this Court's decision in Galindez v. State, 32 Fla. L. Weekly S89 (Fla. Feb. 15, 2007), should not control the outcome of this case. Respondent may serve a reply on or before June 4, 2007.
05/23/2007 RESPONSE PT State Of Florida state1 BY: WD Alan R. Dakan 118064 (O&6) TO ORDER DATED 05/08/2007 (W/APPENDIX)
06/04/2007 REPLY TO RESPONSE RS Julius Ceasar Mcgriff 796894 BY: RS Julius Ceasar Mcgriff 796894 (O&1) TO ORDER DATED 05/08/2007
10/08/2007 NOTICE-INQUIRY RS Julius Ceasar Mcgriff 796894 BY: RS Julius Ceasar Mcgriff 796894 (10/11/07: ADVISED CASE IS STILL PENDING IN THIS COURT)
01/15/2008 ORDER-BRIEF SCHED/COUNS APPT (CERTIFIED) It is ordered that John Stewart Mills of Mills & Creed, P.A. 865 May Street Jacksonville, Florida 32204-3310, is hereby appointed as counsel for respondent. All further pleadings for respondent shall be filed by the respondent'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 has postponed its decision on jurisdiction. Petitioner's initial brief on the merits shall be served on or before February 11, 2008; respondent's answer 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. The parties are specifically directed to address the following three issues in their respective briefs: (1) Whether any sentencing factor alleged to violate Apprendi v. New Jersey, 530 U.S. 466 (2000), and/or Blakely v. Washington, 542 U.S. 296 (2004), is harmless beyond a reasonable doubt under Galindez v. State, 955 So. 2d 517 (Fla. 2007); (2) Whether Apprendi and Blakely, apply to resentencings held after either or both decisions issued, in cases in which the convictions were final before Apprendi issued; and (3) Whether Blakely applies retrospectively to sentencing proceedings held after Apprendi issued, but which were final before Blakely issued. Please file an original and seven copies of all briefs. The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 17, 2008. The record shall include the briefs filed in the district court separately indexed.
02/08/2008 NOTICE-APPEARANCE PT State Of Florida state1 BY: PT Christine Ann Guard 173959 & SUBSTITUTION OF COUNSEL
02/08/2008 MOTION-RECORD SUPPLEMENTATION PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS " MOTION FOR PERMISSION TO SUPPLEMENT THE RECORD"
02/18/2008 NOTICE-ADDRESS CHANGE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 HARDEE CORRECTIONAL INSTITUTION
02/20/2008 MOTION-TOLL TIME PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS "BELATED MOTION TO TOLL TIME"
02/25/2008 MOTION-EXT OF TIME (RESPONSE) RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 FILED AS "RESPONDENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO SUPPLEMENT THE RECORD" (O&1)
02/25/2008 MOTION-TOLL TIME RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 FILED AS "RESPONDENT'S REQUEST TO TOLL TIME"
02/29/2008 ORDER-TOLLING GR Petitioner's motion to toll time for filing the initial brief on the merits is granted and the time for filing the initial brief on the merits is tolled pending resolution of the motion to supplement the record.
02/29/2008 ORDER-EXT OF TIME GR (RESPONSE) Respondent's motion for extension of time is granted and respondent is allowed to and including March 10, 2008, in which to serve its response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR SERVING THE RESPONSE.
03/12/2008 RESPONSE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 TO PETITIONER'S MOTION TO SUPPLEMENT (O&1)
03/17/2008 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME RECORD AND 1 VOLUME CC PAPERS
03/27/2008 ORDER-RECORD SUPPLEMENTATION GR (DCA) Petitioner's motion to supplement the record (copy attached) is granted, without prejudice to respondent to argue in its merits briefing that a harmless error analysis is inappropriate or inapplicable given the procedural posture of this case. The First District Court of Appeal is hereby directed, on or before May 27, 2008, to supplement the record on appeal with the records on appeal filed in the following six cases: McGriff v. State, case numbers 1D88-3129, 1D92-2603, 1D96-2525, 1D00-1464, and 1D01-4468, and State v. McGriff, case number 1D01-2199, all six of which originated in the Circuit Court of the Second Judicial Circuit in and for Gadsden County, Florida, in case number 87-768CFA. Counsel for petitioner is directed to take whatever steps are necessary to ensure that the supplemental record is filed within the time period designated and is further directed to submit status reports to this Court every twenty days as to the progress of the preparation of the supplemental record. Petitioner shall have twenty days after the filing of the supplemental record in this Court in which to serve the initial brief on the merits. The parties are still directed to address the issues specified in this Court's order dated January 15, 2008. Please file an original and seven copies of all briefs.
04/17/2008 STATUS REPORT PT State Of Florida STATE BY: PT Trisha Meggs Pate 45489 (O&1) (ADVISING THAT THE CLERK FOR THE FIRST DCA IS IN THE PROCESS OF PREPARING THE SUPPLEMENTAL RECORD AND HAS MADE CONTACT WITH THE CLERK OF THE LOWER TRIBUNAL AND HAS REQUESTED THE RECORDS FROM THE LOWER TRIBUNAL.)
05/13/2008 STATUS REPORT PT State Of Florida STATE BY: PT Christine A. Guard 173959 (O&1) (ADVISING THAT THE CLERK FOR THE FIRST DCA IS IN THE PROCESS OF PREPARING THE SUPPLEMENTAL RECORD AND HAS MADE CONTACT WITH THE CLERK OF THE LOWER TRIBUNAL, BUT THEY ARE HAVING DIFFICULTY OBTAINING THE TRIAL TRANSCRIPTS, WHICH THE STATE DOES NOT POSSESS A COMPLETE COPY.)
05/27/2008 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS: "STATUS REPORT, MOTION FOR EXTENSION OF TIME AND MOTION TO TOLL TIME" (O&1)
06/09/2008 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP) Petitioner has filed an unopposed "Status Report, Motion for Extension of Time and Motion to Toll Time." The motion for extension of time is hereby granted. The time for the First District Court of Appeal to supplement the record per this Court's order of March 27, 2008, is accordingly extended sixty days to August 8, 2008. Counsel for petitioner is again directed to take whatever steps are necessary to ensure that the supplemental record is filed within the time period designated and is further directed to submit status reports to this Court every twenty days as to the progress of the preparation of the supplemental record. The motion to toll time is hereby denied as moot. Per this Court's March 27th order, the time for petitioner to serve its initial brief on the merits runs from the filing of the supplemental record. As time for the filing of the supplemental record has been extended sixty days in the ruling above, the time for petitioner to serve its initial brief on the merits has not yet begun to run, rendering tolling of that time unnecessary.
06/30/2008 STATUS REPORT PT State Of Florida STATE BY: PT Christine A. Guard 173959 (ADVISING THAT THE CLERK'S OFFICE IN THE FIRST DCA CONTINUES TO WORK WITH COUNSEL AND THE LOWER TRIBUNAL TO OBTAIN THE REQUESTED RECORDS)
07/21/2008 STATUS REPORT BY: PT Christine A. Guard 173959 (O&1) STATE HAS BEEN IN CONTACT WITH CLERK'S OFFICE OF FIRST DCA AND CLERK AND UNDERSIGNED COUNSEL CONTINUES TO WORK WITH THE CLERK OF THE LOWER TRIBUNAL TO OBTAIN THE REQUESTED RECORD. CLERK OF LOWER TRIBUNAL HAS LOCATED THE TRIAL TRANSCRIPT EXCEPT FOR ONE VOLUME AND IS PREPARING FOR TRANSMITTAL TO DCA.
08/07/2008 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) PT State Of Florida state1 BY: PT Christine Ann Guard 173959 & STATUS REPORT (O&1) (FILED AS "STATUS REPORT AND SECOND MOTION FOR EXTENSION OF TIME")
08/12/2008 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP) Petitioner has filed an unopposed "Status Report and Second Motion for Extension of Time." The second motion for extension of time is hereby granted. The time for the First District Court of Appeal to supplement the record per this Court's order of March 27, 2008, is accordingly extended for an additional thirty days to September 8, 2008. Counsel for petitioner is again directed to take whatever steps are necessary to ensure that the supplemental record is filed within the time period designated and is further directed to submit status reports to this Court every twenty days as to the progress of the preparation of the supplemental record. NO FURTHER EXTENSIONS WILL BE GRANTED WITHOUT THE SHOWING OF EXTREME HARDSHIP.
09/02/2008 STATUS REPORT PT State Of Florida STATE BY: PT Trisha Meggs Pate 45489 ADVISING THAT THE CLERK FOR THE FIRST DCA IS IN THE PROCESS OF PREPARING THE SUPPLEMENTAL RECORD AND HAS MADE CONTACT WITH THE CLERK OF THE LOWER TRIBUNAL, BUT THEY ARE HAVING DIFFICULTY OBTAINING THE TRIAL TRANSCRIPTS, WHICH THE STATE DOES NOT POSSESS A COMPLETE COPY. STATE'S COUNSEL IS AWAITING A RETURN PHONE CALL FROM THE CLERK PREPARING THE RECORD, BUT PHONE IS NOT OPERATIONAL.
09/08/2008 SUPP RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOL. CERT. APPEAL PAPERS; 2 VOLS. LOWER TRIBUNAL INDEX; 24 VOLS. RECORD (1 BOX)
09/16/2008 MOTION-OTHER SUBSTANTIVE PT State Of Florida state1 BY: PT Christine Ann Guard 173959 (O&1)FILED AS "MOTION TO COMPEL AND MOTION TO TOLL TIME"
09/22/2008 NOTICE-ADDRESS CHANGE RS Julius Ceasar Mcgriff 796894 BY: RS Julius Ceasar Mcgriff 796894 HARDEE CORRECTIONAL INSTITUTION
12/02/2008 NOTICE-ADDRESS CHANGE RS Julius Ceasar Mcgriff 796894 BY: RS Julius Ceasar Mcgriff 796894 HOLMES CORRECTIONAL INSTITUTION
02/11/2009 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court exercises its jurisdiction and grants review in this case. 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. Petitioner's initial brief on the merits shall be served on or before March 9, 2009; respondent's answer 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. The parties are specifically directed to address the following issue in their respective briefs: Whether Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), apply to resentencing proceedings held after Apprendi issued where the resentencing was final after Blakely issued, in cases in which the convictions were final before Apprendi issued. Please file an original and seven copies of all briefs. In our order of January 9, 2008 (which the present order supersedes and replaces as to briefing), we specifically directed the parties to address the issue of whether any sentencing factor alleged to violate Apprendi and/or Blakely is harmless beyond a reasonable doubt under Galindez v. State, 955 So. 2d 517 (Fla. 2007). However, upon further consideration, the parties are specifically directed to not address this issue. Petitioner's motion to compel service of copies of the supplemental record upon both parties is hereby accordingly denied.
03/09/2009 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida state1 BY: PT Christine Ann Guard 173959 O&1
03/13/2009 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's Motion for Extension of Time is hereby granted insofar as petitioner is afforded an extra sixty days in which to serve its initial brief on the merits. Petitioner in this case (as well as in State v. Isaac, Case No. SC05-2047 and State v. Fleming, Case No. SC06-1173) thus has until May 12, 2009, to serve its 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.
05/12/2009 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Christine Ann Guard 173959 W/APPENDIX (O&7 & E-MAIL)
06/08/2009 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719
06/09/2009 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
08/03/2009 MOTION-RECORD SUPPLEMENTATION RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 O&7
08/03/2009 MOTION-TOLL TIME RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 AS TO HIS MOTION TO SUPPLEMENT RECORD
08/03/2009 MOTION-STRIKE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 PORTIONS OF INITIAL BRIEF, STRIKE THE STATE'S APPENDIX AND STRIKE THE SUPPLEMENTAL RECORD
08/03/2009 MOTION-TOLL TIME RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 AS TO HIS MOTION TO STRIKE THE STATE'S APPENDIX AND STRIKE THE SUPPLEMENTAL RECORD
08/11/2009 MOTION-EXT OF TIME (MISC) PT State Of Florida state1 BY: PT Christine Ann Guard 173959 & MOTION TO TOLL TIME (TO FILE RESPONSE TO MOTION TO STRIKE)
08/18/2009 ORDER-EXT OF TIME GR (MISC) Petitioner's "Motion to Toll Time and Motion for Extension of Time" is hereby granted, and petitioner is allowed up to and including September 17, 2009, to serve its response to "Respondent's Motion to Strike Portions of the Initial Brief, Strike the State's Appendix, and Strike the Supplemental Record." The Court notes that, after being granted a generous sixty-day extension to serve his answer brief, respondent instead filed his motion just a week before that substantial extension ran. Now the case is extended even further per the present order. At some point these extensions and delayed motions must cease, and this 2007 case must be resolved. The parties are both advised that no further extensions will be granted except for exceptionally compelling reasons.
09/17/2009 RESPONSE PT State Of Florida state1 BY: PT Christine Ann Guard 173959 TO MOTION TO STRIKE INITIAL BRIEF AND STRIKE THE SUPPLEMENTAL RECORD
10/13/2009 ORDER-STRIKE GR Respondent's "Motion to Strike Portions of Initial Brief" is being treated as a motion to strike petitioner's initial brief on the merits in its entirety. So treated, the motion is hereby granted. Respondent's "Motion to Strike . . . the State's Appendix, and Strike the Supplemental Record" are also hereby granted. Petitioner is thus directed to serve an amended initial brief on the merits by November 12, 2009. Petitioner in its amended brief and any appendix thereto shall neither reference nor include any portion of the supplemental record originally authorized by this Court's order dated March 27, 2008, because that record has now been stricken. Petitioner in its amended brief shall likewise not include parts A and C of its now-stricken brief, but may otherwise retain other portions of that brief, including part D. Respondent's unopposed "Motion to Supplement the Record" is hereby granted. The First District Court of Appeal is thus directed to supplement the record on appeal as follows by October 23, 2009: (1) its order of April 26, 2006, in McGriff v. State, Case No. 1D06-1741; (2) the response to that order filed June 27, 2006; and (3) the reply thereto filed July 10, 2006. Respondent's two motions to toll time pending disposition of the above motions are hereby granted. Respondent's answer brief on the merits shall be served twenty days after service of petitioner's amended initial brief on the merits and, in turn, petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. (10/14/2009: AMENDED TO SHOW CORRECT DATE FOR SUPP. RECORD DUE)
10/28/2009 SUPP RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOL. SUPP. RECORD
11/12/2009 INITIAL AMD BRIEF-MERITS PT State Of Florida state1 BY: PT Christine Ann Guard 173959 O&7 & E-MAIL (NO APPENDIX)
12/09/2009 ANSWER BRIEF-MERITS RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 O&7 & E-MAIL
12/14/2009 APPENDIX PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS "AMENDED APPENDIX" (O&7)
01/04/2010 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS "MOTION TO TOLL TIME AND REQUEST FOR EXTENSION OF TIME"
01/06/2010 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
01/08/2010 RESPONSE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 IN OPPOSITION TO MOTION FOR EXTENSION
01/19/2010 REPLY BRIEF-MERITS PT State Of Florida state1 BY: PT Christine Ann Guard 173959 O&7 & E-MAIL
01/22/2010 MOTION-DISMISS RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 AS A SANCTION (W/ATTACHMENTS) O&7
02/01/2010 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, April 8, 2010. 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. The Court postpones ruling on respondent's Motion to Dismiss as a Sanction, filed January 22, 2010. The parties should be prepared to address the motion at oral argument.
02/01/2010 ORAL ARGUMENT CALENDAR
02/05/2010 RESPONSE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719 TO RESPONDENT'S MOTION TO DISMISS AS A SANCTION (O&3)
04/08/2010 ORAL ARGUMENT HELD
06/14/2010 NOTICE-ADDRESS CHANGE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719
11/10/2010 NOTICE-ADDRESS CHANGE RS Julius Ceasar Mcgriff 796894 BY: RS John S. Mills 107719
12/02/2010 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Christine Ann Guard 173959 O&7
08/25/2011 ORDER-DISMISS DY Respondent's Motion to Dismiss as a Sanction is hereby denied as moot.
08/25/2011 DISP-REV DISM IMPROVIDENTLY GRANTED (OA) We previously granted review of McGriff v. State, 32 Fla. L. Weekly D520 (Fla. 1st DCA Feb. 21, 2007), to resolve a certified conflict in the district courts regarding the applicability of Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), to resentencing proceedings which became final after Apprendi and Blakely issued where the conviction and the original sentence were final before they issued. See art. V, § 3(b)(4), Fla. Const; State v. McGriff, 4 So. 3d 677 (Fla. 2009) (granting review). We resolved this conflict, however, in State v. Fleming, 61 So. 3d 399 (Fla. 2011). Accordingly, we have determined to discharge jurisdiction in McGriff and dismiss this review proceeding.
09/15/2011 MANDATE CC: COUNSEL
09/15/2011 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME RECORD AND 1 VOLUME SUPPLEMENTAL RECORD (STRICKEN: 2 VOLUMES LOWER TRIBUNAL INDEX, 1 VOLUME CC PAPERS, AND 24 VOLUMES RECORD)
12/05/2011 ARCHIVES File