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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03/28/2016
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
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03/30/2016
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No Fee Required
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STATE APPEAL
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03/30/2016
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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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04/06/2016
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction of this case.
Petitioner's brief on the merits shall be served on or before April 21, 2016; respondent's brief on the merits shall be served on or before May 2, 2016; and petitioner's reply brief on the merits shall be served on or before May 9, 2016.
The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before April 13, 2016. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
This Court has determined that this case should be given expedited consideration. NO EXTENSIONS OF TIME SHALL BE GRANTED.
The Court will hear oral argument at 9:00 a.m., Tuesday, June 7, 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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04/06/2016
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ORAL ARGUMENT CALENDAR
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04/07/2016
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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Record on Appeal (Filed Electronically)
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04/14/2016
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MOTION-AMICUS CURIAE
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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04/18/2016
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ORDER-AMICUS CURIAE GR
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The Motion for Leave to Appear as Amicus Curiae filed by William Woodward is hereby granted. 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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04/21/2016
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INITIAL BRIEF-MERITS
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PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
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04/22/2016
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ORDER-APPENDIX DUE
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Petitioner's initial brief on the merits was filed with the Court on April 21, 2016, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before May 12, 2016, to file an appendix. The appendix shall contain an index and a conformed copy of the opinion or order to be reviewed and may contain any other portions of the record and other authorities.
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04/22/2016
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APPENDIX-MERIT BRIEF
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PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
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APPENDIX TO PETITIONER'S INITIAL BRIEF ON THE MERITS
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04/26/2016
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MOTION-OTHER SUBSTANTIVE
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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FILED AS "MOTION FOR JOINDER WITH CASE NUMBER SC16-696"
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04/29/2016
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ORDER-OTHER SUBSTANTIVE DY
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William Woodward's Motion for Joinder with Case Number SC16-696, filed on April 26, 2016, is hereby denied.
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04/29/2016
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MOTION-AMICUS CURIAE
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MP Mcclain & Mcdermott, P.A. BY: MP Martin J. Mcclain 754773
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FILED AS "MOTION BY CAPITAL LAW OFFICES SPECIALIZING IN CAPITAL
APPEALS FOR LEAVE TO APPEAR AS AMICI CURIAE"
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04/29/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Mcclain & Mcdermott, P.A. BY: MP Martin J. Mcclain 754773
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FILED AS "BRIEF OF AMICI CURIAE, WHICH DOES NOT SUPPORT THE POSITION TAKEN BY EITHER PARTY AS TO WHAT FACTS ARE NECESSARY UNDER CHAPTER 2016-13 TO AUTHORIZE THE IMPOSITION OF A DEATH SENTENCE"
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05/02/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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AMICUS CURIAE BRIEF OF
WILLIAM WOODWARD
*5/3/2016: Stricken for length; contains statement of the case and facts*
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05/02/2016
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Vivian Singleton 728071
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W/APPENDIX
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05/03/2016
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Amicus Curiae Brief of William Woodward, which was filed with this Court on May 2, 2016, does not comply with Florida Rule of Appellate Procedure 9.370 and is hereby stricken. Amicus curiae is hereby directed, on or before May 9, 2016, to file an amended brief which shall omit a statement of the case and facts and may not exceed twenty pages.
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05/04/2016
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ORDER-AMICUS CURIAE GR
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The Motion by Capital Law Offices Specializing in Capital Appeals for Leave to Appear as Amici Curiae is hereby granted. The brief by the above referenced amici curiae was filed with this Court on April 29, 2016.
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05/05/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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AMICUS CURIAE BRIEF OF WILLIAM WOODARD
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05/05/2016
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REQUEST-ORAL ARGUMENT
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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AMICUS WILLIAM WOODWARD'S REQUEST FOR ORAL ARGUMENT
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05/05/2016
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ORDER-BRIEF SCHED (MISC)
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The parties in the above case are directed to address whether the provision within section 921.141(2)(c), Florida Statutes (2016), Chapter 2016-13, Laws of Florida, requiring that "at least 10 jurors determine that the defendant should be sentenced to death" is unconstitutional under the Florida and United States Constitutions. Petitioner may address this issue in his reply brief due on or before May 9, 2016; respondent's response brief shall be filed no later than 5 days after service of petitioner's reply brief (May 16, 2016).
Petitioner's reply brief may be enlarged 10 additional pages to address this issue, and respondent's response brief shall not exceed 10 pages. Motions to file enlarged briefs will not be entertained by the Court.
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05/06/2016
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
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PETITIONER' REQUEST FOR EXTENSION OF TIME
IN WHICH TO FILE HIS REPLY BRIEF
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05/06/2016
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including Wednesday, May 11, 2016, in which to file the reply brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF. The respondent's response shall be filed by Wednesday, May 18, 2016.
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05/10/2016
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NOTICE-APPEARANCE
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RS State Of Florida state1 BY: RS Carol M. Dittmar 503843
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RESPONDENT'S NOTICE OF APPEARANCE FOR ORAL ARGUMENT
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05/11/2016
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MOTION-AMICUS CURIAE
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MP Capital Collateral Regional Counsel-South BY: MP Neal Andre Dupree 311545
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MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE BY JOINING IN THE BRIEF OF AMICI CAPITAL LAW OFFICES FILED APRIL 29, 2016 AND ACCEPTED BY THIS COURT ON MAY 4, 2016
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05/11/2016
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REPLY BRIEF-MERITS
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PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
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05/12/2016
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ORDER-AMICUS CURIAE GR
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The "Motion for Leave to Appear as Amicus Curiae by Joining in the Brief of Amici Capital Law Offices Filed April 29, 2016 and Accepted by this Court on May 4, 2016" filed by Capital Collateral Regional Counsel-South is hereby granted.
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05/17/2016
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OTHER BRIEFS NOT LISTED
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RS State Of Florida state1 BY: RS Carol M. Dittmar 503843
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RESPONSE BRIEF OF THE APPELLEE
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05/17/2016
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MOTION-AMICUS CURIAE
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MP Howard L. "Rex" Dimmig 255491 BY: MP Robert A. Young 144826
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PUBLIC DEFENDER'S MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE AND MEMORANDUM IN SUPPORT THEROF
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05/17/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Howard L. "Rex" Dimmig 255491 BY: MP Robert A. Young 144826
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BRIEF ON THE ISSUE OF UNANIMITY OF THE TENTH JUDICIAL CIRCUIT PUBLIC DEFENDER AS AMICUS CURIAE, IN SUPPORT OF PETITIONER
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05/18/2016
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MOTION-AMICUS CURIAE
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MP Florida Association Of Criminal Defense Lawyers BY: MP Karen M. Gottlieb 199303
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MOTION ON BEHALF OF FACDL, FCRC, AND FIU CCR
FOR LEAVE TO APPEAR AS AMICUS CURIAE AND MOTION TO ADOPT AMICUS BRIEF FILED BY TENTH JUDICIAL CIRCUIT PUBLIC DEFENDER
ON BEHALF OF PETITIONER PERRY
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05/19/2016
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ORDER-AMICUS CURIAE GR
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The Public Defender's Motion for Leave to Participate as Amicus Curiae and Memorandum in Support Thereof filed by Howard L. "Rex" Dimmig, II, Public Defender for the Tenth Judicial Circuit of Florida, 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 May 17, 2016.
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05/19/2016
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ORDER-AMICUS CURIAE GR
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The "Motion on Behalf of FACDL, FCRC, and FIU CCR for Leave to Appear as Amicus Curiae and Motion to Adopt Amicus Brief Filed by Tenth Judicial Circuit Public Defender on Behalf of Petitioner Perry" filed by Florida Association of Criminal Defense Lawyers, Florida Capital Resource Center, and Florida International University College of Law's Center for Capital Representation is hereby granted.
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05/20/2016
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MOTION-AMICUS CURIAE
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MP The Constitution Project BY: MP Elliot H. Scherker 202304
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MOTION OF THE CONSTITUTION PROJECT FOR LEAVE
TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF PETITIONER
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05/20/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP The Constitution Project BY: MP Elliot H. Scherker 202304
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AMICUS CURIAE BRIEF OF THE CONSTITUTION
PROJECT IN SUPPORT OF PETITIONER
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05/20/2016
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ORDER-AMICUS CURIAE GR
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The Motion of the Constitution Project for Leave to File an Amicus Curiae Brief in Support of Petitioner is hereby granted. The brief by the above referenced amicus curiae was filed with this Court on May 20, 2016.
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05/23/2016
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MOTION-AMICUS CURIAE
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MP Florida Public Defender Association, Inc. BY: MP Julianne M. Holt 323195
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MOTION ON BEHALF OF THE FLORIDA PUBLIC DEFENDER ASSOCIATION FOR LEAVE TO APPEAR AS AMICUS CURIAE AND MOTION TO ADOPT AMICUS BRIEF FILED BY TENTH JUDICIAL CIRCUIT PUBLIC DEFENDER ON BEHALF OF PETITIONER PERRY
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05/24/2016
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ORDER-AMICUS CURIAE GR
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The Motion on Behalf of the Florida Public Defender Association for Leave to Appear as Amicus Curiae and Motion to Adopt Amicus Brief Filed by Tenth Judicial Circuit Public Defender on Behalf of Petitioner Perry is hereby granted.
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05/27/2016
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MOTION-INTERVENE
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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MOTION TO INTERVENE BY WILLIAM WOODWARD, AN INTERESTED PARTY;
AND MOTION TO DISMISS FOR LACK OF JURISDICTION
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05/27/2016
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APPENDIX-MOTION
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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APPENDIX TO MOTION TO INTERVENE BY WILLIAM
WOODWARD, AN INTERESTED PARTY;
AND MOTION TO DISMISS FOR LACK OF JURISDICTION
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05/27/2016
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ORDER-INTERVENE DY
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The Motion to Intervene by William Woodward, an Interested Party; and Motion to Dismiss for Lack of Jurisdiction is hereby denied.
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06/03/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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MP Law Offices Of Todd G. Scher, P.L. BY: MP Todd G. Scher 899641
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06/03/2016
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NOTICE-APPENDIX/ATTACHMENT TO NOTICE
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MP Law Offices Of Todd G. Scher, P.L. BY: MP Todd G. Scher 899641
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06/03/2016
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MOTION-AMICUS CURIAE
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MP American Civil Liberties Union Capital Punishment Project BY: MP N. Adam Tebrugge 473650
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FILED AS "MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF BY THE AMERICAN CIVIL LIBERTIES UNION CAPITAL PUNISHMENT PROJECT AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA IN SUPPORT OF PETITIONER"
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06/03/2016
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MOTION-BRIEF PAGE ENLARGEMENT
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MP American Civil Liberties Union Capital Punishment Project BY: MP N. Adam Tebrugge 473650
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FILED AS "MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN EXCESS
OF PAGE LIMITS"
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06/03/2016
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP American Civil Liberties Union Capital Punishment Project BY: MP N. Adam Tebrugge 473650
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FILED AS "AMICUS CURIAE BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA IN SUPPORT OF PETITIONER PERRY"
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06/06/2016
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ORDER-AMICUS CURIAE GR
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The Motion for Leave to File Amicus Curiae Brief by the American Civil Liberties Union Capital Punishment Project and American Civil Liberties Union of Florida in Support of Petitioner is granted. The Motion for Leave to File Amicus Curiae Brief in Excess of Page Limits is also hereby granted. The brief by the above referenced amicus curiae was filed with this Court on June 3, 2016.
Signatories to the above brief who are not members of The Florida Bar will not be considered counsel of record unless they immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, and that motion is granted.
The above brief does not raise any new issues. However, because the brief does elaborate on existing issues, Respondent may file a response to the amicus brief by 12:00 p.m., Friday, June 10, 2016.
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06/07/2016
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ORAL ARGUMENT HELD
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06/10/2016
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OTHER BRIEFS NOT LISTED
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RS State Of Florida state1 BY: RS Carol M. Dittmar 503843
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BRIEF OF THE RESPONDENT IN RESPONSE TO BRIEF OF ACLU AS AMICUS
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06/14/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS State Of Florida state1 BY: RS Carol M. Dittmar 503843
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08/02/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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MP Howard L. "Rex" Dimmig 255491 BY: MP Steven L. Bolotin 236365
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08/03/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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MP Howard L. "Rex" Dimmig 255491 BY: MP Steven L. Bolotin 236365
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NOTICE OF SUPPLEMENTAL AUTHORITY
(with Amended Certificate of Service)
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10/14/2016
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DISP-DISAPPROVED
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FSC-OPINION: Based on the reasoning of our opinion in Hurst, we answer both certified questions in the negative. As to the second question, we construe the fact-finding provisions of the revised section 921.141, Florida Statutes, constitutionally in conformance with Hurst to require unanimous findings on all statutory elements required to impose death. The Act, however, is unconstitutional because it requires that only ten jurors recommend death as opposed to the constitutionally required unanimous, twelve-member jury. Accordingly, it cannot be applied to pending prosecutions.
It is so ordered.
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10/14/2016
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MOTION-OTHER SUBSTANTIVE
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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Filed as Motion to Correct Opinion
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10/20/2016
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Carol M. Dittmar 503843
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MOTION FOR CLARIFICATION
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10/21/2016
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MOTION-OTHER SUBSTANTIVE
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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RENEWED MOTION FOR JOINDER WITH
CASE NUMBER SC16-696
FOR PURPOSES OF RESPONDING TO STATE'S
MOTION FOR CLARIFICATION OR IN THE ALTERNATIVE
MOTION TO FILE RESPONSE TO STATE'S MOTION
FOR CLARIFICATION
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10/31/2016
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ORDER-OTHER SUBSTANTIVE
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Mr. Woodward's Renewed Motion for Joinder with Case Number SC16-696 for Purposes of Responding to State's Motion for Clarification or in the Alternative Motion to File Response to State's Motion for Clarification is hereby denied in part and granted in part. The motion for joinder is denied. The motion to respond as amicus curiae to the State's motion for clarification is hereby granted. Mr. Woodward, as amicus curiae, may file a response to the motion for clarification on or before November 7, 2016.
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11/03/2016
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RESPONSE
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PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
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PETITIONER'S RESPONSE TO MOTION FOR CLARIFICATION
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11/04/2016
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MOTION-EXT OF TIME (RESPONSE)
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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MOTION FOR EXTENSION ON TIME
TO FILE THE RESPONSE TO THE
MOTION FOR CLARIFICATION
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11/04/2016
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ORDER-EXT OF TIME GR (RESPONSE)
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William Woodward's Motion for Extension of Time to File the Response to the Motion for Clarification is granted in part and Woodward is allowed to and including November 14, 2016, in which to serve his response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED FOR SERVING THE RESPONSE.
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11/14/2016
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RESPONSE
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MP William Theodore Woodward BY: MP Robert R. Berry 714216
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Filed as "Amicus William Woodward's Response to State Motion for Clarification"
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01/04/2017
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DISP-REHEARING DY
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***Vacated January 4, 2017, as prematurely issued.***
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01/04/2017
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ORDER-OTHER SUBSTANTIVE DY
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Amicus curiae William Woodward filed a motion to correct footnote three of this Court's opinion in Perry v. State, 41 Fla. L. Weekly S449 (Fla. Oct. 14, 2016), which stated that Woodward "did not file a motion for joinder in this case." We recognize that Woodward, in fact, filed an untimely motion for joinder that this Court denied. By virtue of this order noting that Woodward did file a motion for joinder that was denied as untimely, we deny the motion to correct opinion.
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01/04/2017
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ORDER-VACATE
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The order of this Court dated today, January 4, 2017, denying the Respondent's Motion for Clarification, is hereby vacated as prematurely issued.
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02/20/2017
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DISP-REHEARING DY
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Respondent's Motion for Clarification is hereby denied as moot. See Evans v. State, No. SC16-1946, Rosario v. State, No. SC16-2133.
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03/20/2017
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MANDATE
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03/20/2017
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PUBLISH FULL
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