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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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09/29/2020
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DUAL BASIS- NOTICE-DISCRE JURIS-CERT GPI/CERT DIRECT CONF
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PT State Of Florida state1 BY: PT Christopher J. Baum 1007882
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09/30/2020
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No Fee - State
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State Appeal
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09/30/2020
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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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**09/30/2020 - Corrected to include additional attorneys**
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09/30/2020
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ORDER-BRIEF SCHED (JURIS ON MERIT CASE)
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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 October 14, 2020, an initial brief on jurisdiction. Respondent shall have thirty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction. **09/30/2020 - Corrected to include additional attorneys**
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09/30/2020
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ORDER-CASE STYLE CHANGE
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The style of the above case has been changed from Johnathan David Garcia vs. State of Florida to State of Florida vs. Johnathan David Garcia. **9/30/2020 - Corrected to include additional attorneys**
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10/14/2020
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JURIS INITIAL BRIEF
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PT State Of Florida state1 BY: PT Christopher J. Baum 1007882
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PETITIONER'S JURISDICTIONAL BRIEF
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10/14/2020
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APPENDIX-JURIS BRIEF
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PT State Of Florida state1 BY: PT Christopher J. Baum 1007882
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PETITIONER'S APPENDIX TO JURISDICTIONAL BRIEF
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11/13/2020
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JURIS ANSWER BRIEF
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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RESPONDENT'S ANSWER BRIEF ON JURISDICTION
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12/08/2020
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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 December 28, 2020; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty 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 February 8, 2021. 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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12/15/2020
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Christopher J. Baum 1007882
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UNOPPOSED MOTION TO EXTEND TIME TO FILE INITIAL BRIEF
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12/16/2020
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 26, 2021, 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.
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01/27/2021
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RECORD
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Sandra B. Williams 634566 BY: Sandra B. Williams 634566
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CERTIFIED COPIES OF APPEAL PAPERS * Confidential * * Filed electronically *
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02/02/2021
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NOTICE-APPEARANCE
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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02/19/2021
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE INITIAL BRIEF
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02/22/2021
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 12, 2021, 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.
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03/12/2021
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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INITIAL BRIEF ON THE MERITS
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03/12/2021
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APPENDIX
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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Appendix to Initial Brief on Merits
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03/31/2021
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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UNOPPOSED MOTION TO EXTEND TIME TO FILE
THE ANSWER BRIEF
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04/01/2021
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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 May 13, 2021, 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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04/05/2021
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MOTION-AMICUS CURIAE
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MR American Civil Liberties Union Foundation, Inc. BY: MR Daniel B. Tilley 102882
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MOTION FOR LEAVE TO FILE AS AMICI CURIAE BY AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, AND ELECTRONIC FRONTIER FOUNDATION
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04/05/2021
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MOTION-AMICUS CURIAE
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MR American Civil Liberties Union Foundation, Inc. BY: MR Daniel B. Tilley 102882
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AMENDED MOTION FOR LEAVE TO FILE AS AMICI CURIAE
BY AMERICAN CIVIL LIBERTIES UNION,
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, AND
ELECTRONIC FRONTIER FOUNDATION
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04/05/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by the American Civil Liberties Union, American Civil Liberties Union of Florida, and the Electronic Frontier Foundation is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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04/09/2021
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MOTION-AMICUS CURIAE
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MR Due Process Institute BY: MR Harvey Joel Sepler 473431
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MOTION FOR LEAVE TO FILE AMICUS BRIEF
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04/09/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by Due Process Institute, the Independence Institute, and the National Police Accountability Project is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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05/05/2021
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE THE ANSWER BRIEF
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05/06/2021
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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 14, 2021, 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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05/10/2021
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MR Due Process Institute BY: MR Harvey Joel Sepler 473431
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BRIEF OF AMICUS CURIAE INDEPENDENCE INSTITUTE
AND DUE PROCESS INSTITUTE IN SUPPORT OF
RESPONDENT JONATHAN DAVID GARCIA
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05/13/2021
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MOTION-AMICUS CURIAE
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MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Jacqueline L. Perczek 42201
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UNOPPOSED MOTION FOR LEAVE TO FILE AS AMICI CURIAE BY THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND PROFESSOR LAURENT SACHAROFF
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05/13/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by Florida Association of Criminal Defense Lawyers and Professor
Laurent Sacharoff is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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06/14/2021
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ANSWER BRIEF-MERITS
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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ANSWER BRIEF-MERITS
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06/14/2021
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APPENDIX-MERIT BRIEF
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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APPENDIX TO THE ANSWER BRIEF
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06/22/2021
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MOTION-AMICUS CURIAE
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MOTION FOR LEAVE TO FILE AS AMICUS CURIAE
BY NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
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06/22/2021
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MOTION-AMICUS CURIAE
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MR National Association of Criminal Defense Lawyers BY: MR Jo Ann Palchak 22826
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AMENDED MOTION FOR LEAVE TO FILE AS AMICUS CURIAE
BY NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
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06/23/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by National Association of Criminal Defense Lawyers is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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06/24/2021
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR American Civil Liberties Union Foundation, Inc. BY: MR Daniel B. Tilley 102882
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BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, ELECTRONIC FRONTIER FOUNDATION, AND NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
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06/24/2021
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Laurent Sacharoff BY: MR Diana L. Johnson 35949
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BRIEF OF AMICI CURIAE
FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
AND PROFESSOR LAURENT SACHAROFF
IN SUPPORT OF RESPONDENT
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07/07/2021
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE REPLY BRIEF
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07/08/2021
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including August 13, 2021, 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.
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08/13/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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08/13/2021
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Jeffrey Paul Desousa 110951
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REPLY BRIEF ON THE MERITS
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09/08/2021
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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., Wednesday, November 3, 2021.
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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09/15/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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10/01/2021
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MOTION-STRIKE
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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MOTION TO STRIKE A PORTION OF PETITIONER'S REPLY BRIEF OR FOR
LEAVE TO FILE A SUR-REPLY
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10/04/2021
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RESPONSE
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PT State Of Florida state1 BY: PT Jeffrey Paul Desousa 110951
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RESPONSE TO RESPONDENT'S MOTION TO STRIKE A
PORTION OF PETITIONER'S REPLY BRIEF OR FOR
LEAVE TO FILE A SUR-REPLY
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10/20/2021
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ORDER-STRIKE DY
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Respondent's "Motion to Strike a Portion of Petitioner's Reply Brief or for Leave to file a Sur-Reply" is hereby denied.
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10/29/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Johnathan David Garcia BY: RS Robert T. Adams 107152
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SECOND NOTICE OF SUPPLEMENTAL AUTHORITY
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11/03/2021
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ORAL ARGUMENT HELD
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06/10/2022
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MOTION-COUNS WITHDRAWAL
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PT State Of Florida state1 BY: WD Jason Harrison Hilborn 1008829
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06/10/2022
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ORDER-COUNS WITHDRAWAL GR
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The motion by Jason H. Hilborn to withdraw as attorney of record for the State of Florida is granted.
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07/29/2022
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MOTION-COUNS WITHDRAWAL
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RS Johnathan David Garcia BY: WE David Lee Redfearn 21228
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Motion to Withdraw as Counsel
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08/01/2022
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ORDER-COUNS WITHDRAWAL GR
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The motion by David L. Redfearn to withdraw as attorney of record for Johnathan David Garcia is granted.
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08/08/2022
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Jeffrey Paul Desousa 110951
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STATE'S NOTICE OF
SUPPLEMENTAL AUTHORITY
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10/27/2022
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DISP-QUASHED & REMANDED
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FSC-OPINION: We quash the Fifth District's decision to grant a writ of certiorari and remand for further proceedings in accordance with this opinion. It is so ordered.
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11/17/2022
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MANDATE
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CC: COUNSEL
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11/18/2022
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PUBLISH FULL
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