Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
02/06/2017
|
NOTICE-DISCRETIONARY JURIS (STAT VALID)
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
|
|
02/07/2017
|
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
Supreme Court Of Florida BY: Supreme Court Of Florida
|
|
|
02/14/2017
|
JURIS INITIAL BRIEF
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
PETITIONER'S BRIEF ON JURISDICTION W/APPENDIX
|
|
02/16/2017
|
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
MOTION TO ACCEPT PETITIONER'S BRIEF ON JURISDICTION AS
TIMELY FILED
|
|
02/20/2017
|
ORDER-FILING FEE DUE
|
|
The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including March 22, 2017, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.
Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
02/22/2017
|
RESPONSE
|
RS State Of Florida state1 BY: RS Bonnie Jean Parrish 768870
|
RESPONSE TO MOTION TO ACCEPT
|
|
02/23/2017
|
ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
|
|
The Motion to Accept Petitioner's Brief on Jurisdiction as Timely Filed is granted and petitioner's jurisdictional brief was filed with this Court on February 14, 2017.
|
|
02/24/2017
|
Filing Fee $300
|
2017 - 1027698 Amount: $300
|
|
|
02/24/2017
|
Fee Paid In Full - $300
|
|
|
|
03/06/2017
|
JURIS ANSWER BRIEF
|
RS State Of Florida state1 BY: RS Bonnie Jean Parrish 768870
|
W/APPENDIX
|
|
06/02/2017
|
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
|
|
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before June 22, 2017; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.
The Clerk of the Fifth District Court of Appeal must file the record which must be properly indexed and paginated on or before August 1, 2017. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
06/21/2017
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's Unopposed Motion to Extend the Time to File the Initial Brief on the Merits
|
|
06/22/2017
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's Unopposed Motion to Extend the Time to File the Initial Brief on the Merits is granted and petitioner is allowed to and including July 24, 2017, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
|
|
06/22/2017
|
MOTION-AMICUS CURIAE
|
MP Florida Association Of Criminal Defense Lawyers BY: MP M. Stephen Turner 95691
|
Motion for Leave to File an Amicus Curiae Brief
|
|
06/26/2017
|
ORDER-AMICUS CURIAE GR
|
|
The Motion for Leave to File an Amicus Curiae Brief filed by Florida Association of Criminal Defense Lawyers 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).
|
|
07/14/2017
|
RECORD/TRANSCRIPT
|
Joanne P. Simmons BY: Joanne P. Simmons
|
Record on Appeal - Filed Electronically
|
|
07/14/2017
|
RECORD/TRANSCRIPT
|
Joanne P. Simmons BY: Joanne P. Simmons
|
7 Volumes Record on Appeal; Supplemental Record on Appeal - Filed Electronically
|
|
07/14/2017
|
RECORD/TRANSCRIPT
|
Joanne P. Simmons BY: Joanne P. Simmons
|
Confidential Record on Appeal - Filed Electronically
|
|
07/18/2017
|
RECORD/TRANSCRIPT
|
Joanne P. Simmons BY: Joanne P. Simmons
|
1 Volume Exhibits - Paper record filed.
|
|
07/21/2017
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's Second Unopposed Motion to Extend the Time to File the Initial Brief on the Merits
|
|
07/21/2017
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's Second Unopposed Motion to Extend the Time to File the Initial Brief on the Merits is granted and petitioner is allowed to and including August 3, 2017, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
|
|
08/01/2017
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's "Third Unopposed Motion to Extend the Time to File the Initial Brief on the Merits"
|
|
08/01/2017
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's "Third Unopposed Motion to Extend the Time to File the Initial Brief on the Merits" is granted and petitioner is allowed to and including August 11, 2017, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
08/07/2017
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
MP Florida Association Of Criminal Defense Lawyers BY: MP M. Stephen Turner 95691
|
Brief of Amicus Curiae Florida Association of Criminal Defense Lawyers in Support of Petitioner
|
|
08/11/2017
|
INITIAL BRIEF-MERITS
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Stricken by order dated August 14, 2017, granting petitioner's motion to amend. Amended brief filed August 14, 2017.
|
|
08/14/2017
|
MOTION-BRIEF AMENDMENT
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Motion to Substitute Petitioner's Initial Merit Brief filed on August 14, 2017 and to Strike the Previously Filed Brief
|
|
08/14/2017
|
INITIAL AMD BRIEF-MERITS
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's Initial Brief on the Merits
|
|
08/14/2017
|
ORDER-BRIEF AMENDMENT GR
|
|
Petitioner's Motion to Substitute Petitioner's Initial Merit Brief filed on August 14, 2017 and to Strike the Previously Filed Brief is granted and said amended brief was filed with this Court on August 14, 2017.
Petitioner's initial brief filed with this Court on August 11, 2017, is hereby stricken.
|
|
08/15/2017
|
ORDER-APPENDIX DUE
|
|
Petitioner's amended initial brief on the merits was filed with the Court on August 14, 2017, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before August 21, 2017, 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.
|
|
08/21/2017
|
APPENDIX-MERIT BRIEF
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Appendix to Petitioner's Initial Brief on the Merits
|
|
09/07/2017
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
|
Motion for Extension of Time
|
|
09/07/2017
|
MOTION-TOLL TIME
|
RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
|
Motion to Toll Time
|
|
09/07/2017
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted, and respondent is allowed to and including October 12, 2017, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
|
|
10/12/2017
|
ANSWER BRIEF-MERITS
|
RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
|
Respondent's Answer Brief on the Merits
|
|
10/24/2017
|
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
MR Hazingprevention.Org BY: MR Gregory Scott Parks
|
|
|
10/24/2017
|
MOTION-AMICUS CURIAE
|
MR Hazingprevention.Org BY: MR Arthur I. Jacobs 108249
|
|
|
10/24/2017
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
MR Hazingprevention.Org BY: MR Arthur I. Jacobs 108249
|
Amicus Brief Professor Gregory S. Parks for HazingPrevention.org in Support of Respondent
|
|
10/24/2017
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by HazingPrevention.org is hereby granted and they are allowed to file brief only in support of respondent. The Motion for Leave to File Out of Time Amicus Curiae Initial Brief is granted and the brief by the above referenced amicus curiae was filed with this Court on October 24, 2017.
The motion to appear pro hac vice filed in the above cause by Gregory Scott Parks, on behalf of HazingPrevention.org, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
|
10/24/2017
|
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
|
MR Hazingprevention.Org BY: MR Arthur I. Jacobs 108249
|
|
|
10/25/2017
|
PAY PRO HAC VICE FEE-100
|
MR Hazingprevention.Org BY: MR Gregory Scott Parks
|
|
|
11/01/2017
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's Unopposed Motion to Extend the Time to File the Reply Brief
|
|
11/01/2017
|
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including November 6, 2017, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
11/06/2017
|
REPLY BRIEF-MERITS
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's Reply Brief on the Merits
|
|
11/13/2017
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, February 7, 2018.
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.
|
|
01/05/2018
|
ORDER-BRIEF SUPPLEMENTATION
|
|
The parties are hereby directed, within ten days, to simultaneously file supplemental briefs addressing the implications, if any, of Johnson v. United States, 135 S. Ct. 2551 (2015), for the instant case.
|
|
01/16/2018
|
SUPP ANSWER BRIEF-MERITS
|
RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
|
Respondent's Supplemental Answer Brief on the Merits
|
|
01/16/2018
|
SUPP INITIAL BRIEF-MERITS
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
Petitioner's Supplemental Brief
|
|
02/07/2018
|
ORAL ARGUMENT HELD
|
|
|
|
08/08/2018
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT Dante Martin BY: PT Rupak R. Shah 112171
|
|
|
12/13/2018
|
DISP-APPROVED
|
|
FSC-OPINION: We approve the conclusion that Martin's challenges to the constitutionality of the hazing statute are without merit. We therefore approve the decision of the Fifth District affirming Martin's convictions and sentences. It is so ordered.
|
|
01/03/2019
|
MANDATE
|
|
|
|
01/03/2019
|
RECORD/TRANSCRIPT RETURNED
|
Joanne P. Simmons BY: Joanne P. Simmons
|
Exhibits - 1 Volume
|
|
01/04/2019
|
PUBLISH FULL
|
|
|