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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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03/04/2009
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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03/05/2009
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No Fee - Insolvent
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INSOLVENT BELOW
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03/17/2009
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JURIS INITIAL BRIEF
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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O&5 & E-MAIL
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03/24/2009
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Jeffrey Casey
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W/APPENDIX (O&5 & E-MAIL)
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07/27/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before August 21, 2009; 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.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 29, 2009. The record shall include the briefs filed in the district court separately indexed.
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08/24/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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08/24/2009
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MOTION-TOLL TIME
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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08/25/2009
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 CERT. OF CLERK, 1 VOL. CC PAPERS, 1 VOL. BRIEFS, 2 VOLS. SUPP. RECORD, & 5 VOLS. RECORD
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08/31/2009
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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 September 21, 2009, 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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09/23/2009
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INITIAL BRIEF-MERITS
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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W/APPENDIX (O&7 & E-MAIL)
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10/13/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Mary Griffo Jolley 80454
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10/13/2009
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Mary Griffo Jolley 80454
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10/15/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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11/13/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Mary Griffo Jolley 80454
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O&7 & E-MAIL
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12/07/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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12/07/2009
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MOTION-TOLL TIME
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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12/10/2009
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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01/14/2010
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REPLY BRIEF-MERITS
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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O&7 & E-MAIL
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02/01/2010
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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., Tuesday, April 6, 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.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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03/25/2010
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ORAL ARGUMENT CALENDAR
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03/25/2010
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ORDER-ORAL ARGUMENT RESCHEDULE GR
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Petitioner's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on April 6, 2010, has been rescheduled for oral argument at 9:00 a.m. Monday, May 3, 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.
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03/26/2010
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MOTION-ORAL ARGUMENT RESCHEDULE
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PT Charles Mendenhall BY: PT Meghan Ann Collins 492868
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E-FILED 3/24/2010
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05/03/2010
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ORAL ARGUMENT HELD
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10/28/2010
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DISP-APPROVED
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For the foregoing reasons, we approve the Fifth District's decision in Mendenhall v. State, 999 So. 2d 665 (Fla. 5th DCA 2008), and disapprove the decisions of the Second District in Sousa v. State, 976 So. 2d 639 (Fla. 2d DCA 2008), and the First District in Wilson v. State, 898 So. 2d 191 (Fla. 1st DCA 2005). We also disapprove the decisions of the Fourth District in Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007), Thurston v. State, 984 So. 2d 1290 (Fla. 4th DCA 2008), Leary v. State, 980 So. 2d 622 (Fla. 4th DCA 2008), and Johnson v. State, 17 So. 3d 847 (Fla. 4th DCA 2009), to the extent that those decisions hold that section 775.087(2)(a)(3) does not vest discretion in the trial judge to impose a mandatory minimum of twenty-five years to life without regard to the statutory maximum for the crime.
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11/18/2010
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MANDATE
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CC: COUNSEL
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11/18/2010
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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 VOL. BRIEFS, 2 VOLS. SUPP. RECORD, & 5 VOLS. RECORD
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02/17/2011
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