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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07/29/2015
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT William Williams BY: PT Aaron D. Delgado 796271
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07/31/2015
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No Fee - Insolvent
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INSOLVENT BELOW
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07/31/2015
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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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08/05/2015
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JURIS INITIAL BRIEF
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PT William Williams BY: PT Eric Alan Latinsky 302831
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EXCEEDS PAGE LIMIT **STRICKEN 08-06-2015**
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08/05/2015
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APPENDIX-JURIS BRIEF
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PT William Williams BY: PT Eric Alan Latinsky 302831
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08/06/2015
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's jurisdictional initial brief, which was filed with this Court on August 5, 2015, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before August 26, 2015, to serve an amended brief which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief shall not exceed 10 pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation.
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08/14/2015
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JURIS INITIAL AMD BRIEF
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PT William Williams BY: PT Eric Alan Latinsky 302831
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CONCLUSION EXCEEDS ONE PAGE **STRICKEN 08-18-2015**
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08/18/2015
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's amended jurisdictional initial brief, which was filed with this Court on August 14, 2015, does not comply with Florida Rules of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before September 8, 2015, to serve an amended brief which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion, of not more than 1 page, and include a certificate of compliance which immediately follows the certificate of service. The brief shall not exceed 10 pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation.
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09/03/2015
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JURIS INITIAL AMD BRIEF
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PT William Williams BY: PT Eric Alan Latinsky 302831
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09/22/2015
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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11/02/2015
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NOTICE-AMICUS CURIAE INTENT TO APPEAR
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MPI Florida Association of Criminal Defense Lawyers, Inc. BY: MPI Sonya Rudenstine 711950
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FILED AS "NOTICE OF INTENT TO FILE AMICUS BRIEF IN SUPPORT OF THE PETITION BY THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS"
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12/03/2015
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT William Williams BY: PT Eric Alan Latinsky 302831
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12/14/2015
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT William Williams BY: PT Eric Alan Latinsky 302831
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FILED AS "NOTICE OF SUPPLEMENTAL AUTHORITY- CERTIORI BEFORE THE UNITED STATES SUPREME COURT"
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12/30/2015
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits shall be served on or before January 19, 2016; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.
The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before February 29, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
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01/08/2016
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Tracey A. Wood 1020766 BY: MP Tracey A. Wood 1020766
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TRACEY A. WOOD - FILED AS "VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VIC PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510" ** QUESTION #12 IS BLANK**
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01/08/2016
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MISC. DOCKET ENTRY
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MP Tracey A. Wood 1020766 BY: MP Tracey A. Wood 1020766
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TRACEY A. WOOD - FILED AS "VERIFIED STATEMENT PURSUANT TO RULE 1-3.11 RULES REGULATING THE FLORIDA BAR" (PLACED W/FILE; FLORIDA BAR COPIED)
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01/11/2016
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MOTION-AMICUS CURIAE
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FILED AS "MOTION OF THE NATIONAL COLLEGE FOR DUI DEFENSE FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF SUPPORTING THE POSITION OF PETITIONER" (01/14/2016: HARD COPY FILED)
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01/11/2016
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LETTER
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Dated 01/08/2016, Re: Filing of Motion of the National College for DUI
Defense for Leave to File an Amicus Curiae Brief Supporting the Position of the Petitioner
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01/11/2016
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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CERTIFIED COPIES OF APPEALS PAPERS (252 PGS FILED ELECTRONICALLY )
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01/12/2016
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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Tracey A. Wood's motion for leave to appear pro hac vice, which was filed with this Court on January 8, 2016, does not comply with Florida Rule of Judicial Administration 2.510 and is hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.510. Counsel is expected to include all components in the amended motion and is further expected to answer all questions as set forth in said rule (with the exception of the social security number).
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01/12/2016
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CERTIFICATE OF SERVICE
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MP Tracey A. Wood 1020766 BY: MP Tracey A. Wood 1020766
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FOR VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VIC PURSUANT TO FLORIDA ROLE OF JUDICIAL ADMINISTRATION 2.510
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01/13/2016
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MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
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TRACEY A. WOOD - FILED AS "VERIFIED MOTION FOR ADMISSION TO APPEAR
PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510" (01/13/2016: HARD COPY FILED) (01/14/2016: HARD COPY FILED)
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01/13/2016
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LETTER
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DATED 01/12/2016
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01/13/2016
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Tracey A. Wood, on behalf of Amicus Curiae, National College for DUI Defense, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on January 13, 2016.
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01/13/2016
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by National College for DUI Defense is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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01/13/2016
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Pro Hac Vice
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2016 - 1025418 Amount: $100
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01/14/2016
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT William Williams BY: PT Aaron D. Delgado 796271
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01/14/2016
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MOTION-TOLL TIME
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PT William Williams BY: PT Aaron D. Delgado 796271
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01/15/2016
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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 February 17, 2016, 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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02/01/2016
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SUPP RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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APPEAL RECORDS FROM THE CIRCUIT COURT- VOLUME 1 (FILED ELECTRONICALLY)
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02/16/2016
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INITIAL BRIEF-MERITS
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PT William Williams BY: PT Aaron D. Delgado 796271
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02/23/2016
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MOTION-AMICUS CURIAE
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MR Florida Police Chiefs Association BY: MR J. David Marsey 10212
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FILED AS "THE FLORIDA POLICE CHIEFS ASSOCIATION'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF"
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02/25/2016
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Florida Police Chiefs Association is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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02/26/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP National College For Dui Defense BY: MP Tracey A. Wood 1020766
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FILED AS "IDENTITY AND INTEREST OF AMICUS CURIAE"
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03/01/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT William Williams BY: PT Aaron D. Delgado 796271
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03/04/2016
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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03/04/2016
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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03/04/2016
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's Motion for Extension of Time is granted, and respondent is allowed to and including April 13, 2016, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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04/13/2016
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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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FILED AS "RESPONDENT'S ANSWER BRIEF ON THE MERITS"
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04/14/2016
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MOTION-AMICUS CURIAE
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MR Florida Prosecuting Attorneys Association BY: MR Benjamin Fox 460052
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FILED AS "MOTION BY THE FLORIDA PROSECUTING ATTORNEY'S ASSOCIATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF" ** CORRECTED MOTION FILED ON 04/14/16**
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04/14/2016
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MOTION-AMICUS CURIAE
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MR Florida Prosecuting Attorneys Association BY: MR Benjamin Fox 460052
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FILED AS "CORRECTED MOTION BY THE FLORIDA PROSECUTING ATTORNEY'S
ASSOCIATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF"
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04/15/2016
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Prosecuting Attorney's Association (FPAA) is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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04/18/2016
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Police Chiefs Association BY: MR J. David Marsey 10212
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FILED AS "AMICUS BRIEF IN SUPPORT OF RESPONDENT, BY THE FLORIDA POLICE CHIEF'S ASSOCIATION"
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04/22/2016
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Prosecuting Attorneys Association BY: MR Benjamin Fox 460052
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FILED AS "AMICUS BRIEF IN SUPPORT OF RESPONDENT BY THE FLORIDA PROSECUTING ATTORNEYS ASSOCIATION"
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04/26/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT William Williams BY: PT Aaron D. Delgado 796271
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FILED AS "MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO RESPONDENT'S ANSWER BRIEF ON MERITS"
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04/26/2016
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MOTION-TOLL TIME
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PT William Williams BY: PT Aaron D. Delgado 796271
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FILED AS "REQUEST TO TOLL TIME"
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04/26/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT William Williams BY: PT Aaron D. Delgado 796271
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FILED AS "AMENDED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO RESPONDENT'S ANSWER BRIEF ON MERITS"
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04/27/2016
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's Amended Motion for Extension of Time to File Response to Respondent's Answer Brief on Merits is granted and petitioner is allowed to and including May 24, 2016, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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05/23/2016
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REPLY BRIEF-MERITS
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PT William Williams BY: PT Aaron D. Delgado 796271
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FILED AS "PETITIONER'S REPLY BRIEF"
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05/31/2016
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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., Thursday, September 1, 2016.
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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06/27/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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MR Florida Police Chiefs Association BY: MR J. David Marsey 10212
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FILED AS "THE FLORIDA POLICE CHIEFS ASSOCIATION'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF ITS AMICUS BRIEF"
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07/11/2016
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MOTION-ORAL ARGUMENT DISPENSE/REMOVAL
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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FILED AS "MOTION TO DISPENSE WITH ORAL ARGUMENT AND PERMIT SUPPLEMENTAL BRIEFS IN LIEU OF ARGUMENT"
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07/14/2016
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RESPONSE
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PT William Williams BY: PT Aaron D. Delgado 796271
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FILED AS "PETITIONER'S CONCESSION, AGREEMENT TO DISPENSE WITH ORAL ARGUMENT AND MOTION TO PERMIT SUPPLEMENTAL BRIEFING"
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07/20/2016
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ORDER-ORAL ARGUMENT CALENDAR REMOVAL
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The respondent's motion to dispense with oral argument is hereby granted. The above case, which was scheduled for oral argument on September 1, 2016, has been removed from the oral argument calendar and submitted to the Court without oral argument.
Petitioner's motion to permit supplemental briefing is hereby granted. Within ten days of the date of this order, the parties may file their supplemental briefs addressing the impact of Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), on the disposition of this case.
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07/27/2016
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SUPP ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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FILED AS "RESPONDENT'S SUPPLEMENTAL BRIEF ON THE MERITS"
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08/01/2016
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SUPP INITIAL BRIEF-MERITS
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PT William Williams BY: PT Eric Alan Latinsky 302831
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FILED AS "PETITIONER'S SUPPLEMENTAL BRIEF ON THE MERITS"
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11/09/2016
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DISP-VACATE AND REMANDED
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We originally accepted jurisdiction to review Williams v. State, 167 So. 3d 483 (Fla. 5th DCA 2016), under article V, § 3(b)(3) of the Florida Constitution. The United States Supreme Court subsequently issued its decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016). Because the Fifth District did not have the benefit of the United States Supreme Court's opinion in Birchfield when it decided Williams, we vacate the decision in Williams and remand to the Fifth District for reconsideration in light of Birchfield. It is so ordered. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
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