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Doc. Date Docketed Description Filed by Notes
Click to open document 05/17/2018 DUAL BASIS-NOTICE-DISCRE JURIS-CONST CONSTR/CERT GPI PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 & Statutory Validity
05/23/2018 No Fee - Insolvent Insolvent Below
Click to open document 05/23/2018 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 05/23/2018 ORDER-BRIEF SCHED (JURIS ON MERIT CASE) The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before June 7, 2018, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
Click to open document 05/24/2018 JURIS INITIAL BRIEF PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 with Appendix
Click to open document 06/08/2018 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Richard Valuntas 151084
Click to open document 07/06/2018 NOTICE-AMICUS CURIAE INTENT TO APPEAR MP National College For Dui Defense BY: MP Flem Kanan Whited 271071 Notice of Intent to File Amicus Brief
Click to open document 07/06/2018 MOTION-AMICUS CURIAE MP National College For Dui Defense BY: MP Flem Kanan Whited 271071 Motion of the National College for DUI Defense for Leave to File an Amicus Curiae Brief Supporting the Position of Petitioner
Click to open document 07/09/2018 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 July 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 Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before September 7, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370. 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.
Click to open document 07/10/2018 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the National College for DUI Defense 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).
07/13/2018 RECORD Lonn Weissblum 498017 BY: Lonn Weissblum 498017 Certified Copies of Appeal Papers -- District Court Record
07/13/2018 RECORD Lonn Weissblum 498017 BY: Lonn Weissblum 498017 Certified Copies of Appeal Papers -- Trial Court Record
Click to open document 07/30/2018 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 07/30/2018 MOTION-TOLL TIME PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 07/30/2018 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including August 29, 2018, 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.
Click to open document 08/29/2018 INITIAL BRIEF-MERITS PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 Petitioner's Initial Brief on the Merits
Click to open document 08/29/2018 APPENDIX-MERIT BRIEF PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 Appendix to Petitioner's Initial Brief on the Merits
Click to open document 09/05/2018 AMICUS CURIAE INITIAL BRIEF-MERITS MP National College For Dui Defense BY: MP Flem Kanan Whited 271071 Brief of Amicus Curiae National College for DUI Defense Supporting the Appellant - Byron McGraw
Click to open document 09/13/2018 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Richard Valuntas 151084
Click to open document 09/13/2018 MOTION-TOLL TIME RS State Of Florida state1 BY: RS Richard Valuntas 151084
Click to open document 09/13/2018 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 18, 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.
Click to open document 10/18/2018 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Richard Valuntas 151084 Respondent's Answer Brief on the Merits
Click to open document 11/13/2018 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 11/13/2018 MOTION-TOLL TIME PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 11/13/2018 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 26, 2018, 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.
Click to open document 11/26/2018 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF ON THE MERITS
Click to open document 11/26/2018 MOTION-TOLL TIME PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 UNOPPOSED MOTION TO TOLL TIME DURING PENDENCY OF PETITIONER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
Click to open document 11/26/2018 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 28, 2018, 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.
Click to open document 11/28/2018 REPLY BRIEF-MERITS PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 12/26/2018 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 10:00 a.m., Wednesday, February 20, 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.
Click to open document 01/16/2019 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Richard Valuntas 151084
02/20/2019 ORAL ARGUMENT HELD
Click to open document 04/30/2019 NOTICE-SUPPLEMENTAL AUTHORITY PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 06/27/2019 NOTICE-SUPPLEMENTAL AUTHORITY PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538
Click to open document 11/27/2019 DISP-REMANDED FSC-OPINION: Consistent with Mitchell, however, we also vacate the decision of the Fourth District below and remand with directions that the case be remanded to the Circuit Court of the Fifteenth Judicial Circuit so that McGraw can be given an opportunity to demonstrate that his blood would not have been drawn if police had not been seeking BAC information, and that police could not have reasonably judged that a warrant application would interfere with other pressing needs or duties. It is so ordered. ***In light of motion for rehearing/clarification, corrected opinion issued February 20, 2020.***
Click to open document 12/09/2019 MOTION-REHEARING RS State Of Florida state1 BY: RS Richard Valuntas 151084 Respondent's Motion for Rehearing and Clarification
Click to open document 12/23/2019 RESPONSE PT Byron Mcgraw BY: PT Benjamin Eisenberg 100538 Petitioner Byron McGraw's Response to Respondent's Motion for Rehearing and Clarification
Click to open document 02/20/2020 DISP-REHEARING DISP (MISC) Respondent's Motion for Rehearing and Clarification is hereby granted in part and denied in part in light of the corrected opinion issued February 20, 2020.
Click to open document 02/20/2020 WEST CORRESPONDENCE ATTENTION: ALL PUBLISHERS THE FOLLOWING CORRECTION HAS BEEN MADE IN THE ABOVE OPINION: On page 7, "Circuit Court of the Fifteenth Judicial Circuit" has been changed to "County Court of Palm Beach County."
Click to open document 03/12/2020 MANDATE
Click to open document 03/18/2020 PUBLISH FULL