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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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12/01/2016
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PETITION-PROHIBITION
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PT Juan Rosario BY: PT Roger L. Weeden 290106
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12/01/2016
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No Fee - Insolvent
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INSOLVENT BELOW
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12/01/2016
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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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12/01/2016
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MOTION-CONSOLIDATION
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PT Juan Rosario BY: PT Roger L. Weeden 290106
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COPY OF PETITION & TREATED AS A MOTION TO CONSOLIDATE
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12/01/2016
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ORDER-CIRCUIT COURT
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CIRCUIT COURT ORDER PROHIBITING THE STATE FROM SEEKING DEATH DATED 11/15/2016
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12/01/2016
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ORDER-CIRCUIT COURT
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CIRCUIT COURT ORDER DATED 11/30/2016
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12/02/2016
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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 December 7, 2016, why the petition should not be granted. Petitioner may serve a reply on or before December 9, 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 district and circuit courts.
**Order amended December 2, 2016, to reflect updated due dates for response and reply.** **Order amended December 16, 2016, to clarify that all proceedings in district and circuit courts are stayed.**
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12/02/2016
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RESPONSE
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RS State Of Florida state1 BY: RS Timothy Arthur Freeland 539181
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STATE'S RESPONSE TO MOTION TO CONSOLIDATE WITH EVANS V STATE, SC16-1946, MOTION TO TOLL SPEEDY TRIAL, AND MOTION TO STAY PROCEEDINGS
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12/02/2016
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MOTION-STAY (PROCEEDINGS BELOW)
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RS State Of Florida state1 BY: RS Timothy Arthur Freeland 539181
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Case already stayed via December 2, 2016, order to show cause.
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12/02/2016
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Timothy Arthur Freeland 539181
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MOTION TO TOLL SPEEDY TRIAL
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12/06/2016
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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
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12/06/2016
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APPENDIX-RESPONSE
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RS State Of Florida state1 BY: RS Christina Z. Pacheco 71300
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Appendix - Exhibits A through H
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12/07/2016
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner is hereby directed to respond by December 9, 2016, to the State's motion to toll speedy trial, which was included in the State's response to the motion to consolidate, and also to address the effect of this Court's stay of the proceedings below on Petitioner's demand for speedy trial.
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12/09/2016
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REPLY TO RESPONSE
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PT Juan Rosario BY: PT Roger L. Weeden 290106
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PETITIONER ROSARIO'S RESPONSE
TO STATE'S RESPONSE TO PETITION FOR WRIT
AND TO STATE'S MOTION TO TOLL SPEEDY TRIAL
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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/COMPANION CASE ONLY
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FILED IN SC16-1946 EVANS V. STATE
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03/20/2017
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NOTICE-DISMISS (VOLUNTARY)
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PT Juan Rosario BY: PT Roger L. Weeden 290106
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PETITIONER ROSARIO'S NOTICE OF VOLUNTARY DISMISSAL
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03/21/2017
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner has filed a Notice of Voluntary Dismissal. Respondent is hereby requested to file a response to the above-referenced notice on or before March 27, 2017.
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03/21/2017
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RESPONSE
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RS State Of Florida state1 BY: RS Christina Z. Pacheco 71300
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STATE'S RESPONSE TO PETITIONER'S MOTION TO SEVER,
WHICH WAS FILED AS A "NOTICE OF VOLUNTARY DISMISSAL
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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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