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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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02/13/2018
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NOTICE-APPEAL (STATE 3.851)
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Victoria Avalon 498564 BY: Victoria Avalon 498564
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Notice of Appeal
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02/13/2018
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NOTICE-APPEAL (STATE 3.851)
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Victoria Avalon 498564 BY: Victoria Avalon 498564
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Amended Notice of Appeal
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02/13/2018
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NOTICE-APPEAL (STATE 3.851)
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Victoria Avalon 498564 BY: Victoria Avalon 498564
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Second Amended Notice of Appeal
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02/13/2018
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LOWER TRIBUNAL TRANSMITTAL COVER SHEET
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02/14/2018
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No Fee - State
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02/14/2018
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Order on Defendant's Motion to Vacate Judgment of Conviction and Sentence
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02/14/2018
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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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02/14/2018
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 05/04/2018; ROA: 05/24/2018
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02/19/2018
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NOTICE-APPEAL (CROSS)
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CE Mark Anthony Poole H12548 BY: CE James L. Driscoll 78840
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Notice of Cross-Appeal
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02/20/2018
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NOTICE-APPEAL (CROSS)
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CE Mark Anthony Poole H12548 BY: CE James L. Driscoll 78840
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Notice of Cross-Appeal (Certified Copy)
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02/26/2018
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ORDER-CIRCUIT COURT
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Notice of Hearing and Order to Appear (Additional Copy Received 2/28/2018)
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03/14/2018
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STATUS REPORT
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Jalal A. Harb 763063 BY: Jalal A. Harb 763063
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Order on March 6, 2018, Status Conference and Report on Current Status of Record Preparation
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03/14/2018
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STATUS REPORT
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Appellant's Status Report as to Preparation of the Record on Appeal
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04/03/2018
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RECORD/TRANSCRIPT
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Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK
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Filed Electronically (Unredacted Version)
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04/03/2018
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RECORD/TRANSCRIPT
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Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK
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Filed Electronically (Redacted Version)
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04/04/2018
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ORDER-DEP BRIEF SCHED (100 W/CROSS NOTICE)
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The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant/Cross-Appellee's initial brief is to be filed on or before July 12, 2018; appellee/cross-appellant's answer/cross-initial brief shall be filed seventy days after filing of appellant/cross-appellee's initial brief; appellant/cross-appellee's reply/cross-answer brief shall be filed seventy days after filing of appellee/cross-appellant's answer/cross-initial brief; and appellee/cross-appellant's cross reply brief shall be filed forty days after filing of appellant/cross-appellee's reply/cross-answer brief.
As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
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04/09/2018
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STATUS REPORT
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Jalal A. Harb 763063 BY: Jalal A. Harb 763063
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Order on April 3, 2018, Status Conference and Report on Current Status of Record Preparation
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07/05/2018
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Appellant's Unopposed Motion for Extension of Time and Motion to Toll Time
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07/10/2018
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant/Cross-Appellee's motion for extension of time is granted and appellant/cross-appellee is allowed to and including August 13, 2018, in which to file 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.
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08/13/2018
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INITIAL BRIEF-MERITS
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Initial Brief of Appellant/Cross-Appellee
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08/17/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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CE Mark Anthony Poole H12548 BY: CE David Dixon Hendry 160016
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Appellee/Cross-Appellant's Unopposed Motion for Extension of Time and Motion to Toll Time
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08/20/2018
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Appellee/Cross-Appellant's motion for extension of time is granted, and Appellee/Cross-Appellant is allowed to and including November 21, 2018, in which to file the answer/cross-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.
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11/09/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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CE Z.W. Julius Chen BY: CE Z.W. Julius Chen
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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11/09/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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CE Mark J. Macdougall BY: CE Mark J. Macdougall
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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11/14/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Z.W. Julius Chen, on behalf of Appellee/Cross-Appellant, 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.
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11/14/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Mark J. MacDougall, on behalf of Appellee/Cross-Appellant, 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.
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11/16/2018
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LETTER
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CE Mark Anthony Poole H12548 BY: CE Z.W. Julius Chen
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Re: Pro Hac Vice Fees for Z.W. Julius Chen & Mark J. MacDougall
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11/16/2018
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FEE PAID-PRO HAC VICE
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CE Mark Anthony Poole H12548 BY: CE Z.W. Julius Chen
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11/16/2018
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FEE PAID-PRO HAC VICE
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CE Mark Anthony Poole H12548 BY: CE Mark J. Macdougall
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11/19/2018
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Pro Hac Vice
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2018 - 1031442 Amount: $200
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11/20/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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CE Mark Anthony Poole H12548 BY: CE Parvin D. Moyne
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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11/20/2018
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NOTICE-APPEARANCE
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CE Mark Anthony Poole H12548 BY: CE David Dixon Hendry 160016
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Notice of Appearance
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11/21/2018
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ANSWER/CROSS INITIAL BRIEF-MERITS
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CE Mark Anthony Poole H12548 BY: CE James L. Driscoll 78840
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Answer Brief of the Appellee and Initial Brief of the Cross-Appellant
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11/27/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Parvin D. Moyne, on behalf of Appellee/Cross-Appellant, 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.
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11/29/2018
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LETTER
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CE Mark Anthony Poole H12548 BY: CE Parvin D. Moyne
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Re: Pro Hac Vice Fee for Parvin D. Moyne
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11/29/2018
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FEE PAID-PRO HAC VICE
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CE Mark Anthony Poole H12548 BY: CE Parvin D. Moyne
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11/29/2018
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Pro Hac Vice
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2018 - 1031504 Amount: $100
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01/30/2019
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REPLY/CROSS ANSWER BRIEF-MERITS
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Reply/Cross-Answer Brief of Appellant/Cross-Appellee
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03/11/2019
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CROSS REPLY BRIEF-MERITS
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CE Mark Anthony Poole H12548 BY: CE Z.W. Julius Chen
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Appellee/Cross-Appellant's Cross Reply Brief
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05/10/2019
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NOTICE-ADDRESS CHANGE
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CE Mark Anthony Poole H12548 BY: CE Z.W. Julius Chen
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Notice of Change of Address
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06/06/2019
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Monday, September 16, 2019. 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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09/09/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Notice of Supplemental Authorities: Castillo v. State, 442 P.3d 558 (2019); Knight v. Florida Dep't of Corr., No. 18-13390, 2019 WL 4126482, at *8 (11th Cir. Aug. 30, 2019); and Rogers v. State, No. SC18-150, 2019 WL 4197021 (Fla. Sept. 5, 2019)
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09/12/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Second Notice of Supplemental Authority: Nunnery v. State, 127 Nev. 749, 263 P.3d 235 (2011), cert. denied, 567 U.S. 919 (2012)
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09/16/2019
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ORAL ARGUMENT HELD
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09/19/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Third Notice of Supplemental Authority: State v. Wood, ___ S.W.3d ___, No. SC 96924, 2019 WL 3144027, at *10-*16 (Mo. banc July 16, 2019)
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01/23/2020
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DISP-AFFIRMED/REMANDED
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FSC-OPINION: We affirm the trial court's denial of Poole's guilt phase claim. And we remand to the trial court with instructions that Poole's sentence be reinstated and for proceedings consistent with this opinion.
It is so ordered.
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02/07/2020
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MOTION-REHEARING
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CE Mark Anthony Poole H12548 BY: CE Z.W. Julius Chen
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Motion for Rehearing and Clarification
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02/20/2020
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RESPONSE
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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State's Response to Appellee/Cross-Appellant's Motion for Rehearing and Clarification
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02/25/2020
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NOTICE-SUPPLEMENTAL AUTHORITY
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CA State Of Florida state1 BY: CA Scott A. Browne 802743
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Fourth Notice of Supplemental Authority: McKinney v. Arizona, No. 18-1109, 2020 WL 889190 (U.S. Feb. 25, 2020)
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04/02/2020
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DISP-REHEARING DISP (MISC)
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FSC-OPINION: We deny rehearing but grant clarification of this Court's instructions on remand. Remand for "proceedings consistent with this opinion" may include resolution of Poole's remaining penalty-phase claims that were raised in his postconviction motion but not addressed on the merits by the trial court in its order.
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04/20/2020
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MANDATE
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04/20/2020
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ORDER-NOTICE OF DELAY
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Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
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04/24/2020
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PUBLISH FULL
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Opinion issued January 23, 2020.
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04/24/2020
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PUBLISH FULL
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Rehearing order with opinion issued April 2, 2020.
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09/08/2020
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USSC Not/Cert Filed in FSC
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The petition for a writ of certiorari in the above entitled case was filed on August 28, 2020 and placed on the docket September 1, 2020 as No. 20-250.
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01/19/2021
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USSC Disp-Certiorari Dy
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The Court today entered the following order in the above-entitled case:
The petition for a writ of certiorari is denied.
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