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Doc. Date Docketed Description Filed by Notes
09/28/2011 CERTFD JUDGMENT FROM TRIAL COURT Hon. James Birkhold BY: Hon. James Birkhold
09/28/2011 No Fee - State
09/28/2011 NOTICE PT State Of Florida state1 BY: PT Brian A. Iten 12051 FILED AS CERTIFIED "NOTICE-APPEAL" (FILED IN DCA-2 09/22/2011) (09/16/2011: UNCERTIFIED NOTICE-APPEAL REC'D IN DCA-2)
09/28/2011 MOTION-OTHER SUBSTANTIVE PT State Of Florida state1 BY: PT John M. Klawikofsky 930997 W/EXHIBITS - FILED AS "EMERGENCY MOTION TO SEEK REVIEW OF ORDER DENYING THE STATE'S MOTION TO STAY PROCEEDINGS" (FILED IN DCA-2 09/23/2011)
09/28/2011 ORDER-DISTRICT COURT OF APPEAL DATED 09/23/2011 - The petitioner's emergency motion to seek review of order denying the State's motion to stay proceedings is granted only to the following extent: All proceedings in circuit court case numbers 2010 CF-2860 (McNally) and 2011 CF-0976 (Anderson) are temporarily stayed pending the filing of a response to the motion by the respondent and the court's ruling on this motion for stay. Counsel for respondents McNally and Anderson shall serve responses to the emergency motion to seek review of order denying the State's motion to stay proceedings by 2:00 p.m. on Monday, September 26, 2011, by facsimile, followed by hard-copy filing in this court. (The number for facsimile service on this court for purposes of this proceeding is 863-499-2277.)
09/28/2011 RESPONSE RS Richard Mcnally BY: WE John A. Crawford 755451 TO THE STATE'S EMERGENCY MOTION TO SEEK REVIEW OF ORDER DENYING THE STATE'S MOTION TO STAY PROCEEDINGS
09/28/2011 RESPONSE RS Roderick Jerome Anderson BY: WE Harry Franklin Roberts, Jr. 841250 TO EMERGENCY MOTION TO SEEK REVIEW OF ORDER DENYING THE STATE'S MOTION TO STAY PROCEEDINGS
09/28/2011 ORDER-DISTRICT COURT OF APPEAL DATED 9/27/2011 - Petitioner's emergency motion to seek review of order denying the State's motion to stay proceedings is denied. The temporary stay is lifted.
09/28/2011 ORDER-DISTRICT COURT OF APPEAL DATED 09/28/2011 - CERTIFICATION OF ORDER REQUIRING IMMEDIATE RESOLUTION BY THE SUPREME COURT (09/30/2011:COPY FILED)
Click to open document 09/30/2011 ORDER-HIGH PROFILE Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. 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 documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. All electronic documents filed shall be accessible to persons with disabilities in the manner required by Section 508 of the Federal Rehabilitation Act, the Americans with Disabilities Act, sections 282.601 through 282.606, Florida Statutes, and any related regulations or guidelines. FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT http://www.floridasupremecourt.org/clerk/index.shtml.
10/03/2011 NOTICE-APPEARANCE RS Andrew Arnel Farrell BY: WE John A. Crawford 755451
Click to open document 10/12/2011 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED (CERT JUDGMT) The Second District Court of Appeal has certified, pursuant to article V, section 3(b)(5) of the Constitution of Florida, that the trial court passes upon a question of great public importance requiring immediate resolution by this Court. We accept jurisdiction. Briefs shall be served as follows: petitioner's brief on the merits shall be filed on or before November 2, 2011; respondent's answer brief on the merits shall be filed on or before November 16, 2011; and petitioner's reply brief on the merits shall be filed on or before November 23, 2011. Please file an original and seven copies of all briefs. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED. 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 Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida shall file the original record which shall be properly indexed and paginated on or before October 19, 2011. IT IS FURTHER ORDERED that the above case has been set for oral argument at 9:00 a.m., Thursday, December 8, 2011, with a maximum of twenty minutes to the side allowed for the argument. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
10/13/2011 ORDER-CIRCUIT COURT CASE NO. 2010CF3639-CLINTON JOSEY DATED 10/03/2011, ORDER GRANTING MOTION OF WITHDRAWAL OF COUNSEL CHARLES M. BRITT, III, FINDING DEFENDANT INSOLVENT, AND APPOINTING PUBLIC DEFENDER FOR THE TWELFTH JUDICIAL CIRCUIT, MANATEE, FL FOR THE APPEAL
10/17/2011 NOTICE-APPEARANCE RS Luke Jarrod Adkins BY: WE Anne Estevez Hunter 11935 FILED AS "DESIGNATION OF PUBLIC DEFENDER TENTH JUDICIAL CIRCUIT, FOR HANDLING OF APPEAL"
10/18/2011 ORDER-CIRCUIT COURT CASE NO. 2011CF1417-JARARD MARTIN DATED 10/10/2011, ORDER GRANTING MOTION OF WITHDRAWAL OF TRIAL COUNSEL, FINDING DEFENDANT INSOLVENT, AND APPOINTING PUBLIC DEFENDER OF THE TENTH JUDICIAL CIRCUIT FOR APPEAL
10/18/2011 ORDER-CIRCUIT COURT CASE NO. 2011CF0804-CHARLES HEAVEN DATED 10/10/2011, ORDER GRANTING MOTION OF WITHDRAWAL OF TRIAL COUNSEL, FINDING DEFENDANT INSOLVENT, AND APPOINTING PUBLIC DEFENDER OF THE TENTH JUDICIAL CIRCUIT FOR APPEAL
10/18/2011 ORDER-CIRCUIT COURT CASE NO. 2011CF1097-DORIAN HEGGS DATED 10/10/2011, ORDER GRANTING MOTION OF WITHDRAWAL OF TRIAL COUNSEL, FINDING DEFENDANT INSOLVENT, AND APPOINTING PUBLIC DEFENDER OF THE TENTH JUDICIAL CIRCUIT FOR APPEAL
10/20/2011 RECORD/TRANSCRIPT Hon. Richard B. Shore, Clerk BY: Hon. Richard B. Shore, Clerk 6 VOLUMES OF RECORD
10/24/2011 DESIGNATION-PUBLIC DEFENDER FROM OFFICE OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL FOR THE SECOND DISTRICT Robert D. Rosen 826065 BY: IPA Robert D. Rosen 826065
10/24/2011 MOTION-STAY (PROCEEDINGS BELOW) PT State Of Florida state1 BY: PT Robert Jay Krauss 238538 E-MAIL
10/26/2011 DESIGNATION-PUBLIC DEFENDER FROM MANATEE COUNTY WE Anne Estevez Hunter 11935 BY: IPA Anne Estevez Hunter 11935
10/27/2011 ORAL ARGUMENT CALENDAR
Click to open document 10/27/2011 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on December 8, 2011, has been rescheduled for oral argument at 9:00 a.m., Tuesday, December 6, 2011. 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.
10/31/2011 RESPONSE RS Luke Jarrod Adkins BY: RS Matthew David Bernstein 43302 TO MOTION TO STAY (O&8 & E-MAIL)
Click to open document 11/02/2011 ORDER-STAY PROCEEDINGS BELOW DY The State's motion to stay filed October 24, 2011, is hereby denied. Our denial of the motion to stay does not affect the stay previously granted by the trial court in this proceeding nor does it affect the State's ability to file motions for stay in other proceedings challenging the constitutionality of section 893.13, Florida Statutes.
11/02/2011 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Robert Jay Krauss 238538 O&8 & E-MAIL
11/07/2011 MOTION-AMICUS CURIAE MP Florida Prosecuting Attorneys Association BY: MP Arthur I. Jacobs 108249 FILED AS "MOTIONS FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE AND FOR ADDITIONAL PAGE ALLOWANCE" (MOTION DOES NOT COMPLY) (WITHDRAWN, 11/14/2011)
11/07/2011 AMICUS CURIAE INITIAL BRIEF-MERITS MP Florida Prosecuting Attorneys Association BY: MP Arthur I. Jacobs 108249
11/14/2011 DESIGNATION-PUBLIC DEFENDER FROM MANATEE COUNTY RS Luke Jarrod Adkins BY: RS Matthew David Bernstein 43302
11/14/2011 MOTION-AMICUS CURIAE MP Florida Prosecuting Attorneys Association BY: MP Yvonne R. Mizeras 85152 E-MAIL
11/14/2011 MOTION-BRIEF PAGE ENLARGEMENT MP Florida Prosecuting Attorneys Association BY: MP Arthur I. Jacobs 108249 E-MAIL
Click to open document 11/16/2011 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Prosecuting Attorneys Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on November 7, 2011. Florida Prosecuting Attorneys Association's Motion for Additional Page Allowance is granted.
11/16/2011 ANSWER BRIEF-MERITS RS Luke Jarrod Adkins BY: RS Matthew David Bernstein 43302 O&8 & E-MAIL
11/22/2011 MOTION-AMICUS CURIAE MR Florida Public Defender Association, Inc. BY: MR Hon. Nancy Ann Daniels 242705 O&1 & E-MAIL (11/28/2011: 7 COPIES FILED)
11/22/2011 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Public Defender Association, Inc. BY: MR Hon. Nancy Ann Daniels 242705 O&8 & E-MAIL
11/22/2011 MOTION-AMICUS CURIAE MR National Association Of Criminal Defense Lawyers BY: MR Todd Foster 325198 E-MAIL (11/28/2011: 8 COPIES FILED)
Click to open document 11/23/2011 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by Florida Public Defender Association is hereby granted and they are allowed to file brief only in support of appellees. The brief by the above referenced amicus curiae was filed with this Court on November 22, 2011. The motion for leave to file brief as amici curiae filed by National Association of Criminal Defense Lawyers, American Civil Liberties Union of Florida, Drug Policy Alliance, Cato Institute, Reason Foundation, Libertarian Law Council and twenty-five Professors of Law are hereby granted and they are allowed to file brief only in support of appellees. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
11/23/2011 REPLY BRIEF-MERITS PT State Of Florida state1 BY: PT Diana Kay Bock 440711 O&8 & E-MAIL
11/28/2011 AMICUS CURIAE ANSWER BRIEF-MERITS MR National Association Of Criminal Defense Lawyers BY: MR Todd Foster 325198 O&8 & E-MAIL
11/29/2011 MOTION-AMICUS CURIAE MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Elliot H. Scherker 202304 O&1 & E-MAIL (11/30/2011: 7 COPIES FILED)
11/29/2011 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Elliot H. Scherker 202304 O&8 & E-MAIL
Click to open document 11/29/2011 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Association of Criminal Defense Lawyers and the Miami Chapter of the Florida Association of Criminal Defense Lawyers are hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amici curiae was filed with this Court on November 29, 2011.
12/06/2011 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Diana Kay Bock 440711 O&7 & E-MAIL
12/06/2011 ORAL ARGUMENT HELD
12/28/2011 MISC. DOCKET ENTRY FILED AS "LETTER RE: SC11-1878 FLORIDA'S UNCONSTITUTIONAL DRUG LAW" Daniel D. Civic U36584 BY: IPA Daniel D. Civic U36584
Click to open document 01/12/2012 ORDER-STRIKE The letter from Daniel D. Civic filed with this Court on December 28, 2011, is hereby stricken as unauthorized.
03/12/2012 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Diana Kay Bock 440711 O&7 & E-MAIL
07/02/2012 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Diana Kay Bock 440711 O&7 & E-MAIL
Click to open document 07/12/2012 DISP-REVERSED In enacting section 893.101, the Legislature eliminated from the definitions of the offenses in chapter 893 the element that the defendant has knowledge of the illicit nature of the controlled substance and created the affirmative defense of lack of such knowledge. The statutory provisions do not violate any requirement of due process articulated by this Court or the Supreme Court. In the unusual circumstance where a person possesses a controlled substance inadvertently, establishing the affirmative defense available under section 893.101 will preclude the conviction of the defendant. Based on the foregoing, we conclude that the circuit court erred in granting the motions to dismiss and we reverse the circuit court's order.
08/02/2012 MANDATE CC: COUNSEL
08/02/2012 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 6 VOLUMES
10/18/2012 ARCHIVES File