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Doc. Date Docketed Description Filed by Notes
Click to open document 06/08/2017 NOTICE-APPEAL (3.851 SUCCESSOR) AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
06/09/2017 No Fee Required
Click to open document 06/09/2017 ACKNOWLEDGMENT LETTER-NEW CASE
Click to open document 06/09/2017 COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Hon. Frank Quesada, Judge 175551 BY: Hon. Frank Quesada, Judge 175551
Click to open document 06/21/2017 MOTION-RELINQUISH AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 MOTION TO RELINQUISH JURISDICTION
Click to open document 06/21/2017 APPENDIX-MOTION AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
Click to open document 06/26/2017 RECORD/TRANSCRIPT Ken Burke PINELLA BY: Ken Burke PINELLA
Click to open document 07/24/2017 ORDER-CIRCUIT COURT ORDER HOLDING IN ABEYANCE DEFENDANT'S SECOND SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE; DIRECTIONS TO DEFENDANT
Click to open document 08/22/2017 ORDER-CIRCUIT COURT Order Denying State's Motion for Rehearing
Click to open document 09/14/2017 ORDER-RELINQUISHMENT GR (CIRC CT) Appellant's motion to relinquish jurisdiction is granted and the jurisdiction of the above cause is temporarily relinquished to the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, for a period of sixty days for the resolution of Defendant's Second Successive Motion to Vacate Judgments of Conviction and Sentence. Counsel for the parties are hereby directed to file Status Reports with this Court every fifteen days as to the progress of the relinquishment proceeding.
09/14/2017 RELINQUISHMENT STARTED
Click to open document 09/27/2017 STATUS REPORT AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300 APPELLEE'S STATUS REPORT
Click to open document 10/12/2017 STATUS REPORT AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300 APPELLEE'S SECOND STATUS REPORT
Click to open document 10/13/2017 MOTION-EXT OF TIME (RELINQ PERIOD) AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300 UNOPPOSED MOTION FOR EXTENSION OF RELINQUISHMENT JURISDICTION
Click to open document 10/18/2017 ORDER-EXT OF TIME GR (RELINQ PERIOD) Appellee's motion for extension of time is granted and the time to complete the relinquishment proceedings per this Court's Order dated September 14, 2017, is hereby extended to and including January 12, 2018. Counsel for the parties are directed to file Status Reports with this Court every fifteen days as to the progress of the relinquishment proceeding.
Click to open document 10/27/2017 STATUS REPORT AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300 JOINT STATUS REPORT DATED OCTOBER 27, 2017
Click to open document 11/02/2017 STATUS REPORT AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300 JOINT STATUS REPORT DATED NOVEMBER 2, 2017
Click to open document 11/17/2017 STATUS REPORT AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 JOINT STATUS REPORT DATED NOVEMBER 17, 2017
Click to open document 12/04/2017 STATUS REPORT AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 JOINT STATUS REPORT DATED DECEMBER 4, 2017
Click to open document 12/19/2017 MOTION-EXT OF TIME (RELINQ PERIOD) AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 JOINT STATUS REPORT DATED DECEMBER 19, 2017, AND REQUEST FOR MOTION FOR EXTENSION OF RELINQUISHMENT JURISDICTION
Click to open document 12/21/2017 ORDER-EXT OF TIME GR (RELINQ PERIOD) The joint request for extension of time is granted and the time to complete the relinquishment proceedings per this Court's Order dated September 14, 2017, is hereby extended to and including April 12, 2018. Counsel for the parties are directed to file Status Reports with this Court every thirty days as to the progress of the relinquishment proceeding.
Click to open document 01/22/2018 STATUS REPORT AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 Joint Status Report Dated January 22, 2018
Click to open document 02/21/2018 STATUS REPORT AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 Joint Status Report Dated February 21, 2018
Click to open document 03/22/2018 ORDER-CIRCUIT COURT Final Order Denying in Part and Dismissing in Part Defendant's Second Successive Motion to Vacate Judgments of Conviction and Sentence; Order Dismissing State's Motion to Strike; Directions to Clerk
Click to open document 03/23/2018 STATUS REPORT AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 Joint Status Report Dated March 23, 2018
04/12/2018 RELINQUISHMENT ENDED
Click to open document 04/13/2018 ORDER-SHOW CAUSE (CAPITAL) Appellant shall show cause on or before Thursday, May 3, 2018, why the trial court's order should not be affirmed in light of this Court's decision in Hitchcock v. State, SC17-445. The response shall be limited to no more than 20 pages. Appellee may file a reply on or before Friday, May 18, 2018, limited to no more than 15 pages. Appellant may file a reply to the Appellee's reply on or before Tuesday, May 29, 2018, limited to no more than 10 pages. Motions for extensions of time will not be considered unless due to a medical emergency.
Click to open document 05/03/2018 RESPONSE AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 Response to Order to Show Cause
Click to open document 05/14/2018 REPLY TO RESPONSE AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300 State's Reply to Order to Show Cause
Click to open document 05/29/2018 REPLY TO REPLY AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901 Appellant's Reply to State's Reply to Order to Show Cause
Click to open document 06/26/2018 DISP-AFFIRMED FSC-OPINION: After reviewing Dailey's response to the order to show cause, as well as the State's arguments in reply, we conclude that Dailey is not entitled to relief. Dailey was sentenced to death following a jury's unanimous recommendation for death. Dailey v. State, 594 So. 2d 254, 256 (Fla. 1991). On appeal, this Court reversed Dailey's death sentence and "remand[ed] for resentencing before the trial judge." Id. at 259. On remand, the trial court again sentenced Dailey to death, and Dailey's sentence of death became final in 1996. Dailey v. State, 659 So. 2d 246, 247 (Fla. 1995), cert. denied, 516 U.S. 1095 (1996). Thus, Hurst does not apply retroactively to Dailey's sentence of death. See Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Dailey's motion. The Court having carefully considered all arguments raised by Dailey, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
Click to open document 07/12/2018 MANDATE
Click to open document 07/20/2018 PUBLISH FULL
Click to open document 09/04/2018 USSC Order GR Ext of Time The application for an extension of time within which to file a petition for a writ of certiorari in the above entitled case has been presented to Justice Thomas, who on August 27, 2018, extended the time to and including November 23, 2018.
Click to open document 12/05/2018 USSC Not/Cert Filed in FSC The petition for a writ of certiorari in the above entitled case was filed on November 19, 2018 and placed on the docket November 27, 2018 as No. 18-6843.
Click to open document 01/28/2019 USSC Disp-Certiorari Dy The petition for a writ of certiorari is denied.