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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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02/21/2018
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DUAL BASIS-NOTICE-DISCRE JURIS-STAT VALID/CONST CONSTR
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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02/27/2018
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No Fee - Insolvent
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Insolvent Below
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02/27/2018
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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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03/02/2018
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JURIS INITIAL BRIEF
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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w/ Appendix
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03/22/2018
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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03/22/2018
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APPENDIX-JURIS BRIEF
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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04/09/2018
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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 April 30, 2018; 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 June 8, 2018. 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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04/30/2018
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INITIAL BRIEF-MERITS
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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04/30/2018
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APPENDIX-MERIT BRIEF
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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05/11/2018
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RECORD
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Joanne P. Simmons BY: Joanne P. Simmons
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1 VOLUME RECORD ON APPEAL (1 OF 2) - Filed Electronically
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05/11/2018
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RECORD
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Joanne P. Simmons BY: Joanne P. Simmons
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1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
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05/11/2018
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TRANSCRIPT
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Joanne P. Simmons BY: Joanne P. Simmons
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1 VOLUME TRANSCRIPTS (HEARING HELD JANUARY 12, 2016) - Filed Electronically
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05/14/2018
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RECORD
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Joanne P. Simmons BY: Joanne P. Simmons
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1 VOLUME RECORD ON APPEAL (2 OF 2) - Paper Record Filed
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05/25/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: AE Marjorie Vincent-Tripp 87795
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05/25/2018
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: AE Marjorie Vincent-Tripp 87795
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05/29/2018
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted, and respondent is allowed to and including June 28, 2018, 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.
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06/28/2018
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: AE Marjorie Vincent-Tripp 87795
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07/30/2018
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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07/30/2018
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REPLY BRIEF-MERITS
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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07/30/2018
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's motion to accept brief as timely filed is granted and petitioner's reply brief on the merits was filed with this Court on July 30, 2018.
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08/03/2018
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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., Thursday, October 4, 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.
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08/09/2018
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on October 4, 2018, has been rescheduled for oral argument at 9:00 a.m., Tuesday, October 2, 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.
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10/02/2018
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ORAL ARGUMENT HELD
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12/20/2018
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DISP-QUASHED
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FSC-OPINION: Because subsection (10) violates the Sixth Amendment by requiring the court rather than the jury to make the finding of dangerousness to the public necessary to increase the statutory maximum nonstate prison sanction to a state prison sentence, we quash the Fifth District's express declaration of subsection (10)'s validity in Brown and disapprove the Fourth District's decision in Porter rejecting a similar Sixth Amendment challenge to subsection (10). In order for a court to impose any sentence above a nonstate prison sanction when section 775.082(10) applies, a jury must make the dangerousness finding. It is so ordered.
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12/27/2018
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MOTION-REHEARING
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RS State Of Florida state1 BY: AE Marjorie Vincent-Tripp 87795
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RESPONDENT'S MOTION FOR REHEARING
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01/02/2019
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RESPONSE
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PT Laverne Brown BY: PT Matthew Funderburk 103301
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PETITIONER'S RESPONSE TO
MOTION FOR REHEARING
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01/03/2019
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DISP-REHEARING DY
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Respondent's Motion for Rehearing is hereby denied.
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01/24/2019
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MANDATE
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01/24/2019
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RECORD/TRANSCRIPT RETURNED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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1 VOLUME RECORD ON APPEAL (2 OF 2)
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01/28/2019
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PUBLISH FULL
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