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Doc. Date Docketed Description Filed by Notes
Click to open document 03/28/2016 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
03/30/2016 No Fee Required STATE APPEAL
Click to open document 03/30/2016 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 04/06/2016 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED 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.
04/06/2016 ORAL ARGUMENT CALENDAR
04/07/2016 RECORD/TRANSCRIPT Joanne P. Simmons BY: Joanne P. Simmons Record on Appeal (Filed Electronically)
Click to open document 04/14/2016 MOTION-AMICUS CURIAE MP William Theodore Woodward BY: MP Robert R. Berry 714216
Click to open document 04/18/2016 ORDER-AMICUS CURIAE GR 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).
Click to open document 04/21/2016 INITIAL BRIEF-MERITS PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
Click to open document 04/22/2016 ORDER-APPENDIX DUE 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.
Click to open document 04/22/2016 APPENDIX-MERIT BRIEF PT Larry Darnell Perry BY: PT J. Edwin Mills 400599 APPENDIX TO PETITIONER'S INITIAL BRIEF ON THE MERITS
Click to open document 04/26/2016 MOTION-OTHER SUBSTANTIVE MP William Theodore Woodward BY: MP Robert R. Berry 714216 FILED AS "MOTION FOR JOINDER WITH CASE NUMBER SC16-696"
Click to open document 04/29/2016 ORDER-OTHER SUBSTANTIVE DY William Woodward's Motion for Joinder with Case Number SC16-696, filed on April 26, 2016, is hereby denied.
Click to open document 04/29/2016 MOTION-AMICUS CURIAE MP Mcclain & Mcdermott, P.A. BY: MP Martin J. Mcclain 754773 FILED AS "MOTION BY CAPITAL LAW OFFICES SPECIALIZING IN CAPITAL APPEALS FOR LEAVE TO APPEAR AS AMICI CURIAE"
Click to open document 04/29/2016 AMICUS CURIAE INITIAL BRIEF-MERITS MP Mcclain & Mcdermott, P.A. BY: MP Martin J. Mcclain 754773 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"
Click to open document 05/02/2016 AMICUS CURIAE INITIAL BRIEF-MERITS MP William Theodore Woodward BY: MP Robert R. Berry 714216 AMICUS CURIAE BRIEF OF WILLIAM WOODWARD *5/3/2016: Stricken for length; contains statement of the case and facts*
Click to open document 05/02/2016 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Vivian Singleton 728071 W/APPENDIX
Click to open document 05/03/2016 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) 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.
Click to open document 05/04/2016 ORDER-AMICUS CURIAE GR 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.
Click to open document 05/05/2016 AMICUS CURIAE INITIAL BRIEF-MERITS MP William Theodore Woodward BY: MP Robert R. Berry 714216 AMICUS CURIAE BRIEF OF WILLIAM WOODARD
Click to open document 05/05/2016 REQUEST-ORAL ARGUMENT MP William Theodore Woodward BY: MP Robert R. Berry 714216 AMICUS WILLIAM WOODWARD'S REQUEST FOR ORAL ARGUMENT
Click to open document 05/05/2016 ORDER-BRIEF SCHED (MISC) 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.
Click to open document 05/06/2016 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Larry Darnell Perry BY: PT J. Edwin Mills 400599 PETITIONER' REQUEST FOR EXTENSION OF TIME IN WHICH TO FILE HIS REPLY BRIEF
Click to open document 05/06/2016 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) 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.
Click to open document 05/10/2016 NOTICE-APPEARANCE RS State Of Florida state1 BY: RS Carol M. Dittmar 503843 RESPONDENT'S NOTICE OF APPEARANCE FOR ORAL ARGUMENT
Click to open document 05/11/2016 MOTION-AMICUS CURIAE MP Capital Collateral Regional Counsel-South BY: MP Neal Andre Dupree 311545 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
Click to open document 05/11/2016 REPLY BRIEF-MERITS PT Larry Darnell Perry BY: PT J. Edwin Mills 400599
Click to open document 05/12/2016 ORDER-AMICUS CURIAE GR 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.
Click to open document 05/17/2016 OTHER BRIEFS NOT LISTED RS State Of Florida state1 BY: RS Carol M. Dittmar 503843 RESPONSE BRIEF OF THE APPELLEE
Click to open document 05/17/2016 MOTION-AMICUS CURIAE MP Howard L. "Rex" Dimmig 255491 BY: MP Robert A. Young 144826 PUBLIC DEFENDER'S MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE AND MEMORANDUM IN SUPPORT THEROF
Click to open document 05/17/2016 AMICUS CURIAE INITIAL BRIEF-MERITS MP Howard L. "Rex" Dimmig 255491 BY: MP Robert A. Young 144826 BRIEF ON THE ISSUE OF UNANIMITY OF THE TENTH JUDICIAL CIRCUIT PUBLIC DEFENDER AS AMICUS CURIAE, IN SUPPORT OF PETITIONER
Click to open document 05/18/2016 MOTION-AMICUS CURIAE MP Florida Association Of Criminal Defense Lawyers BY: MP Karen M. Gottlieb 199303 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
Click to open document 05/19/2016 ORDER-AMICUS CURIAE GR 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.
Click to open document 05/19/2016 ORDER-AMICUS CURIAE GR 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.
Click to open document 05/20/2016 MOTION-AMICUS CURIAE MP The Constitution Project BY: MP Elliot H. Scherker 202304 MOTION OF THE CONSTITUTION PROJECT FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF PETITIONER
Click to open document 05/20/2016 AMICUS CURIAE INITIAL BRIEF-MERITS MP The Constitution Project BY: MP Elliot H. Scherker 202304 AMICUS CURIAE BRIEF OF THE CONSTITUTION PROJECT IN SUPPORT OF PETITIONER
Click to open document 05/20/2016 ORDER-AMICUS CURIAE GR 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.
Click to open document 05/23/2016 MOTION-AMICUS CURIAE MP Florida Public Defender Association, Inc. BY: MP Julianne M. Holt 323195 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
Click to open document 05/24/2016 ORDER-AMICUS CURIAE GR 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.
Click to open document 05/27/2016 MOTION-INTERVENE MP William Theodore Woodward BY: MP Robert R. Berry 714216 MOTION TO INTERVENE BY WILLIAM WOODWARD, AN INTERESTED PARTY; AND MOTION TO DISMISS FOR LACK OF JURISDICTION
Click to open document 05/27/2016 APPENDIX-MOTION MP William Theodore Woodward BY: MP Robert R. Berry 714216 APPENDIX TO MOTION TO INTERVENE BY WILLIAM WOODWARD, AN INTERESTED PARTY; AND MOTION TO DISMISS FOR LACK OF JURISDICTION
Click to open document 05/27/2016 ORDER-INTERVENE DY The Motion to Intervene by William Woodward, an Interested Party; and Motion to Dismiss for Lack of Jurisdiction is hereby denied.
Click to open document 06/03/2016 NOTICE-SUPPLEMENTAL AUTHORITY MP Law Offices Of Todd G. Scher, P.L. BY: MP Todd G. Scher 899641
Click to open document 06/03/2016 NOTICE-APPENDIX/ATTACHMENT TO NOTICE MP Law Offices Of Todd G. Scher, P.L. BY: MP Todd G. Scher 899641
Click to open document 06/03/2016 MOTION-AMICUS CURIAE MP American Civil Liberties Union Capital Punishment Project BY: MP N. Adam Tebrugge 473650 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"
Click to open document 06/03/2016 MOTION-BRIEF PAGE ENLARGEMENT MP American Civil Liberties Union Capital Punishment Project BY: MP N. Adam Tebrugge 473650 FILED AS "MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN EXCESS OF PAGE LIMITS"
Click to open document 06/03/2016 AMICUS CURIAE INITIAL BRIEF-MERITS MP American Civil Liberties Union Capital Punishment Project BY: MP N. Adam Tebrugge 473650 FILED AS "AMICUS CURIAE BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA IN SUPPORT OF PETITIONER PERRY"
Click to open document 06/06/2016 ORDER-AMICUS CURIAE GR 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.
06/07/2016 ORAL ARGUMENT HELD
Click to open document 06/10/2016 OTHER BRIEFS NOT LISTED RS State Of Florida state1 BY: RS Carol M. Dittmar 503843 BRIEF OF THE RESPONDENT IN RESPONSE TO BRIEF OF ACLU AS AMICUS
Click to open document 06/14/2016 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Carol M. Dittmar 503843
Click to open document 08/02/2016 NOTICE-SUPPLEMENTAL AUTHORITY MP Howard L. "Rex" Dimmig 255491 BY: MP Steven L. Bolotin 236365
Click to open document 08/03/2016 NOTICE-SUPPLEMENTAL AUTHORITY MP Howard L. "Rex" Dimmig 255491 BY: MP Steven L. Bolotin 236365 NOTICE OF SUPPLEMENTAL AUTHORITY (with Amended Certificate of Service)
Click to open document 10/14/2016 DISP-DISAPPROVED 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.
Click to open document 10/14/2016 MOTION-OTHER SUBSTANTIVE MP William Theodore Woodward BY: MP Robert R. Berry 714216 Filed as Motion to Correct Opinion
Click to open document 10/20/2016 MOTION-REHEARING RS State Of Florida state1 BY: RS Carol M. Dittmar 503843 MOTION FOR CLARIFICATION
Click to open document 10/21/2016 MOTION-OTHER SUBSTANTIVE MP William Theodore Woodward BY: MP Robert R. Berry 714216 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
Click to open document 10/31/2016 ORDER-OTHER SUBSTANTIVE 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.
Click to open document 11/03/2016 RESPONSE PT Larry Darnell Perry BY: PT J. Edwin Mills 400599 PETITIONER'S RESPONSE TO MOTION FOR CLARIFICATION
Click to open document 11/04/2016 MOTION-EXT OF TIME (RESPONSE) MP William Theodore Woodward BY: MP Robert R. Berry 714216 MOTION FOR EXTENSION ON TIME TO FILE THE RESPONSE TO THE MOTION FOR CLARIFICATION
Click to open document 11/04/2016 ORDER-EXT OF TIME GR (RESPONSE) 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.
Click to open document 11/14/2016 RESPONSE MP William Theodore Woodward BY: MP Robert R. Berry 714216 Filed as "Amicus William Woodward's Response to State Motion for Clarification"
Click to open document 01/04/2017 DISP-REHEARING DY ***Vacated January 4, 2017, as prematurely issued.***
Click to open document 01/04/2017 ORDER-OTHER SUBSTANTIVE DY 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.
Click to open document 01/04/2017 ORDER-VACATE The order of this Court dated today, January 4, 2017, denying the Respondent's Motion for Clarification, is hereby vacated as prematurely issued.
Click to open document 02/20/2017 DISP-REHEARING DY Respondent's Motion for Clarification is hereby denied as moot. See Evans v. State, No. SC16-1946, Rosario v. State, No. SC16-2133.
Click to open document 03/20/2017 MANDATE
Click to open document 03/20/2017 PUBLISH FULL