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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06/08/2017
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NOTICE-APPEAL (3.851 SUCCESSOR)
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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06/09/2017
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No Fee Required
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06/09/2017
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ACKNOWLEDGMENT LETTER-NEW CASE
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06/09/2017
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Hon. Frank Quesada, Judge 175551 BY: Hon. Frank Quesada, Judge 175551
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06/21/2017
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MOTION-RELINQUISH
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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MOTION TO RELINQUISH JURISDICTION
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06/21/2017
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APPENDIX-MOTION
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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06/26/2017
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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07/24/2017
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ORDER-CIRCUIT COURT
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ORDER HOLDING IN ABEYANCE DEFENDANT'S SECOND SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE; DIRECTIONS TO DEFENDANT
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08/22/2017
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ORDER-CIRCUIT COURT
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Order Denying State's Motion for Rehearing
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09/14/2017
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ORDER-RELINQUISHMENT GR (CIRC CT)
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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.
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09/14/2017
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RELINQUISHMENT STARTED
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09/27/2017
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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APPELLEE'S STATUS REPORT
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10/12/2017
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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APPELLEE'S SECOND STATUS REPORT
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10/13/2017
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MOTION-EXT OF TIME (RELINQ PERIOD)
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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UNOPPOSED MOTION FOR EXTENSION OF RELINQUISHMENT JURISDICTION
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10/18/2017
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ORDER-EXT OF TIME GR (RELINQ PERIOD)
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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.
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10/27/2017
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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JOINT STATUS REPORT DATED OCTOBER 27, 2017
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11/02/2017
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STATUS REPORT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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JOINT STATUS REPORT DATED NOVEMBER 2, 2017
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11/17/2017
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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JOINT STATUS REPORT DATED NOVEMBER 17, 2017
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12/04/2017
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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JOINT STATUS REPORT DATED DECEMBER 4, 2017
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12/19/2017
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MOTION-EXT OF TIME (RELINQ PERIOD)
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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JOINT STATUS REPORT DATED DECEMBER 19, 2017, AND REQUEST FOR MOTION FOR EXTENSION OF RELINQUISHMENT JURISDICTION
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12/21/2017
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ORDER-EXT OF TIME GR (RELINQ PERIOD)
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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.
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01/22/2018
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Joint Status Report Dated January 22, 2018
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02/21/2018
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Joint Status Report Dated February 21, 2018
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03/22/2018
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ORDER-CIRCUIT COURT
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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
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03/23/2018
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Joint Status Report Dated March 23, 2018
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04/12/2018
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RELINQUISHMENT ENDED
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04/13/2018
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ORDER-SHOW CAUSE (CAPITAL)
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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.
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05/03/2018
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RESPONSE
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Response to Order to Show Cause
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05/14/2018
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REPLY TO RESPONSE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Reply to Order to Show Cause
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05/29/2018
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REPLY TO REPLY
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Appellant's Reply to State's Reply to Order to Show Cause
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06/26/2018
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DISP-AFFIRMED
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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.
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07/12/2018
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MANDATE
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07/20/2018
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PUBLISH FULL
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09/04/2018
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USSC Order GR Ext of Time
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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.
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12/05/2018
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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 November 19, 2018 and placed on the docket November 27, 2018 as No. 18-6843.
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01/28/2019
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USSC Disp-Certiorari Dy
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The petition for a writ of certiorari is denied.
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