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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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07/08/2014
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PS Ira Demetrius Mcpherson BY: PS Ira Demetrius Mcpherson
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07/15/2014
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No Fee Required
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9.141, SUMMARY APPEAL
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07/15/2014
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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07/15/2014
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ORDER-STAY PROCEEDINGS FSC (DCA REH)
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The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Second District Court of Appeal.
Counsel is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
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07/15/2014
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JURIS INITIAL BRIEF
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PS Ira Demetrius Mcpherson BY: PS Ira Demetrius Mcpherson
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WITH APPENDIX
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07/21/2014
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ORDER-DISTRICT COURT OF APPEAL
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DATED 07/09/2014 - "BY ORDER OF THE COURT: Ira D. McPherson has filed a motion to recall mandate claiming that he timely filed a motion for rehearing en banc in this case. This court had no such motion docketed in this case when mandate issued. On review, we have found the motion for rehearing en banc, which relates to this case but was filed by Mr. McPherson in case 2D14-1112. That motion claims that the Florida Supreme Court granted review of this issue on a certified question in Neely v. State on April 17, 2013. On that date, the Third District issued an opinion in a direct appeal with a Miller issue. See Neely v. State, 126 So. 3d 342 (Fla. 3d DCA 2013). We have found no case in the supreme court fitting the description of the case described by Mr. McPherson. If the Florida Supreme Court or the U.S. Supreme Court holds that a parole eligible life sentence is barred by Mi]!gr and that such ruling applies to postconviction proceedings, the opinion in this case will not prevent Mr. McPherson from filing a new postconviction motion based on new law. Accordingly, we decline to withdraw mandate. I HEREBY CERTIFY that the foregoing is a true copy of the original court order."
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07/24/2014
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of Atwell v. State, Case No. SC14-193, which is pending in this Court.
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07/28/2014
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MOTION-OTHER SUBSTANTIVE
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PS Ira Demetrius Mcpherson BY: PS Ira Demetrius Mcpherson
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FILED AS MOTION INFORMING COURT OF DENIAL BY DISTRICT COURT PETITIONER'S MOTION FOR REHEARING
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07/30/2014
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ORDER-OTHER SUBSTANTIVE
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The Court's order staying proceedings in this case dated July 15, 2014, has been lifted; however, this case is now further stayed pending disposition in Atwell v. State, Case No. SC14-193, which is pending in this Court.
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08/04/2014
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MOTION-REHEARING ON MISC ORDER
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PS Ira Demetrius Mcpherson BY: PS Ira Demetrius Mcpherson
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FILED AS NOTICE TO CLERK
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08/13/2014
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Notice to Clerk has been treated as a motion for rehearing of this Court's order dated July 24, 2014, and said motion is hereby denied.
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07/23/2015
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NOTICE-INQUIRY
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PS Ira Demetrius Mcpherson BY: PS Ira Demetrius Mcpherson
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***07/24/2015 -- ADVISE PT THAT SC14-193 IS STILL PENDING***
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07/24/2015
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ACKNOWLEDGMENT LETTER-MODIFIED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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re: Petitioner's Notice of Inquiry --
In response to the above letter, petitioner is advised that Atwell v. State, Case No. SC14-193, is still pending before this Court.
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08/24/2016
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ORDER-SHOW CAUSE (TAG-REVERSE/QUASH)
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Respondent is hereby directed to show cause on or before September 8, 2016, why in light of Atwell v. State, 41 Fla. L. Weekly S244 (Fla. May 26, 2016), this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand this case to the district court with instructions to further remand for resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. Petitioner may serve a reply on or before September 19, 2016.
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09/07/2016
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RESPONSE
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RS State Of Florida state1 BY: RS Elba Caridad Martin-Schomaker 513342
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RESPONSE TO ORDER TO SHOW CAUSE
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09/19/2016
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REPLY TO RESPONSE
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PS Ira Demetrius Mcpherson BY: PS Ira Demetrius Mcpherson
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PETITIONER'S REPLY TO RESPONDANT'S ORDER TO SHOW CAUSE
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10/28/2016
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DISP-REV GR MERITS (QUASH & REMAND) (TAG)
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Upon review of the responses to this Court's Order to Show Cause dated August 24, 2016, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court with instructions that the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 41 Fla. L. Weekly S244 (Fla. May 26, 2016).
No Motion for Rehearing will be entertained by the Court.
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10/28/2016
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JURISDICTION ACCEPTED
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In Disposition Order.
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