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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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05/08/2017
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Rico Johnson BY: PT Matthew Funderburk 103301
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05/10/2017
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No Fee - Insolvent
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INSOLVENT BELOW
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05/10/2017
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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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05/15/2017
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JURIS INITIAL BRIEF
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PT Rico Johnson BY: PT Matthew Funderburk 103301
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Petitioner's Brief on Jurisdiction - with appendix
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06/09/2017
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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Jurisdictional Brief of Respondent
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07/28/2017
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before August 17, 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 September 26, 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.
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08/03/2017
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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Record on Appeal - Trial Court (Filed Electronically)
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08/03/2017
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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Record on Appeal - District Court (Filed Electronically)
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08/03/2017
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RECORD/TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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Trial Transcripts (Filed Electronically)
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08/14/2017
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RECORD
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Joanne P. Simmons BY: Joanne P. Simmons
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Supplemental Record on Appeal - State's Exhibits 6, 7 & 8 (Physical Record Filed)
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08/17/2017
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INITIAL BRIEF-MERITS
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PT Rico Johnson BY: PT Matthew Funderburk 103301
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Petitioner's Brief on the Merits
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08/18/2017
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ORDER-APPENDIX DUE
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Petitioner's initial brief on the merits was filed with the Court on August 17, 2017, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before August 23, 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.
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08/18/2017
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APPENDIX-MERIT BRIEF
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PT Rico Johnson BY: PT Matthew Funderburk 103301
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Appendix to Petitioner's Brief on the Merits
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09/06/2017
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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Respondent's Answer Brief on the Merits
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09/26/2017
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NOTICE
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PT Rico Johnson BY: PT Matthew Funderburk 103301
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Notice of Intent Not to File Reply Brief
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10/02/2017
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, December 6, 2017.
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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12/06/2017
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ORAL ARGUMENT CALENDAR
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12/06/2017
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ORAL ARGUMENT HELD
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09/06/2018
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DISP-APPROVED
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FSC-OPINION: In summary, because the identification witness may acquire a special familiarity with the defendant's identity at any time prior to trial, we recede from Evans and approve the Fifth District's decision in Johnson.
It is so ordered.
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09/27/2018
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MANDATE
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09/27/2018
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RECORD/TRANSCRIPT RETURNED
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Joanne P. Simmons BY: Joanne P. Simmons
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Supplemental Record on Appeal - State's Exhibits 6, 7 & 8
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09/28/2018
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PUBLISH FULL
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