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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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10/26/2016
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PETITION-PROHIBITION
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PT Patrick Albert Evans R74761 BY: PT Allison F. Miller 55803
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EMERGENCY PETITION FOR WRIT OF PROHIBITION #2
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10/26/2016
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No Fee Required
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10/26/2016
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APPENDIX-PETITION
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PT Patrick Albert Evans R74761 BY: PT Allison F. Miller 55803
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APPENDIX A
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10/26/2016
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APPENDIX-PETITION
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PT Patrick Albert Evans R74761 BY: PT Allison F. Miller 55803
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APPENDIX B
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10/26/2016
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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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10/28/2016
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ORDER-SHOW CAUSE (PROHIBITION)
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WHEREAS, the Court has determined that the petition for writ of prohibition demonstrates a preliminary basis for relief, this is to command the respondent(s) to show cause on or before November 14, 2016, why the petition should not be granted. Petitioner may serve a reply on or before November 28, 2016. Pursuant to Florida Rule of Appellate Procedure 9.100(h), the issuance of this order to show cause shall stay further proceedings in the lower tribunal.
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11/14/2016
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RESPONSE
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RS State Of Florida state1 BY: RS Christina Z. Pacheco 71300
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RESPONSE TO EMERGENCY PETITION FOR WRIT OF PROHIBITION #2
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11/28/2016
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REPLY TO RESPONSE
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PT Patrick Albert Evans R74761 BY: PT Allison F. Miller 55803
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PETITIONER'S RESPONSE TO STATE'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF PROHIBITION #2
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12/14/2016
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ORDER-CONSOLIDATION GR
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Rosario's motion to consolidate filed in the above cases is hereby granted and the above styled cases are consolidated.
From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC16-1946 only.
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02/20/2017
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DISP-DENIED
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FSC-OPINION: Accordingly, pursuant to our holding in Perry, the revised statutory scheme in chapter 2016-13, Laws of Florida, can be applied to pending prosecutions because "most of the provisions of the Act can be construed constitutionally and [can] otherwise be validly applied to pending prosecutions." Id. at S451. Importantly, however, the provision of the Act identified as problematic in Perry, which amends section 921.141(2)(c), can only be constitutionally applied under our decisions in Hurst and Perry to pending prosecutions for a jury recommendation of death if twelve jurors unanimously determine that a defendant should be sentenced to death. Therefore, we deny Evans' and Rosario's petitions for writs of prohibition. The trial courts in Evans and Rosario may proceed with death qualifying juries.
It is so ordered.
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03/06/2017
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MOTION-REHEARING
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PT Patrick Albert Evans R74761 BY: PT Allison F. Miller 55803
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03/31/2017
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DISP-REHEARING DY
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Petitioner Evans' Motion for Rehearing and Clarification and Petitioner Rosario's Notice of Voluntary Dismissal are hereby denied. See ch. 2017-1, Laws of Fla.; Fla. R. App. P. 9.350(b).
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03/31/2017
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MANDATE
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04/27/2017
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PUBLISH FULL
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