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Doc. Date Docketed Description Filed by Notes
Click to open document 09/29/2020 DUAL BASIS- NOTICE-DISCRE JURIS-CERT GPI/CERT DIRECT CONF PT State Of Florida STATE1 BY: PT Christopher J. Baum 1007882
09/30/2020 No Fee - State State Appeal
Click to open document 09/30/2020 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida FSC BY: Supreme Court Of Florida FSC **09/30/2020 - Corrected to include additional attorneys**
Click to open document 09/30/2020 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 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**
Click to open document 09/30/2020 ORDER-CASE STYLE CHANGE 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**
Click to open document 10/14/2020 JURIS INITIAL BRIEF PT State Of Florida STATE1 BY: PT Christopher J. Baum 1007882 PETITIONER'S JURISDICTIONAL BRIEF
Click to open document 10/14/2020 APPENDIX-JURIS BRIEF PT State Of Florida STATE1 BY: PT Christopher J. Baum 1007882 PETITIONER'S APPENDIX TO JURISDICTIONAL BRIEF
Click to open document 11/13/2020 JURIS ANSWER BRIEF RS Johnathan David Garcia BY: RS Robert T. Adams 107152 RESPONDENT'S ANSWER BRIEF ON JURISDICTION
Click to open document 12/08/2020 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 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.
Click to open document 12/15/2020 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida STATE1 BY: PT Christopher J. Baum 1007882 UNOPPOSED MOTION TO EXTEND TIME TO FILE INITIAL BRIEF
Click to open document 12/16/2020 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) 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.
01/27/2021 RECORD Sandra B. Williams 634566 BY: Sandra B. Williams 634566 CERTIFIED COPIES OF APPEAL PAPERS * Confidential *
Click to open document 02/02/2021 NOTICE-APPEARANCE PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829
Click to open document 02/19/2021 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
Click to open document 02/22/2021 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) 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.
Click to open document 03/12/2021 INITIAL BRIEF-MERITS PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829 INITIAL BRIEF ON THE MERITS
Click to open document 03/12/2021 APPENDIX PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829 Appendix to Initial Brief on Merits
Click to open document 03/31/2021 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Johnathan David Garcia BY: RS Robert T. Adams 107152 UNOPPOSED MOTION TO EXTEND TIME TO FILE THE ANSWER BRIEF
Click to open document 04/01/2021 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
Click to open document 04/05/2021 MOTION-AMICUS CURIAE MR American Civil Liberties Union Foundation, Inc. BY: MR Daniel B. Tilley 102882 MOTION FOR LEAVE TO FILE AS AMICI CURIAE BY AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, AND ELECTRONIC FRONTIER FOUNDATION
Click to open document 04/05/2021 MOTION-AMICUS CURIAE MR American Civil Liberties Union Foundation, Inc. BY: MR Daniel B. Tilley 102882 AMENDED MOTION FOR LEAVE TO FILE AS AMICI CURIAE BY AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, AND ELECTRONIC FRONTIER FOUNDATION
Click to open document 04/05/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 04/09/2021 MOTION-AMICUS CURIAE MR Due Process Institute BY: MR Harvey Joel Sepler 473431 MOTION FOR LEAVE TO FILE AMICUS BRIEF
Click to open document 04/09/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 05/05/2021 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Johnathan David Garcia BY: RS Robert T. Adams 107152 SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE THE ANSWER BRIEF
Click to open document 05/06/2021 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
Click to open document 05/10/2021 AMICUS CURIAE INITIAL BRIEF-MERITS MR Due Process Institute BY: MR Harvey Joel Sepler 473431 BRIEF OF AMICUS CURIAE INDEPENDENCE INSTITUTE AND DUE PROCESS INSTITUTE IN SUPPORT OF RESPONDENT JONATHAN DAVID GARCIA
Click to open document 05/13/2021 MOTION-AMICUS CURIAE MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Jacqueline L. Perczek 42201 UNOPPOSED MOTION FOR LEAVE TO FILE AS AMICI CURIAE BY THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND PROFESSOR LAURENT SACHAROFF
Click to open document 05/13/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 06/14/2021 ANSWER BRIEF-MERITS RS Johnathan David Garcia BY: RS Robert T. Adams 107152 ANSWER BRIEF-MERITS
Click to open document 06/14/2021 APPENDIX-MERIT BRIEF RS Johnathan David Garcia BY: RS Robert T. Adams 107152 APPENDIX TO THE ANSWER BRIEF
Click to open document 06/22/2021 MOTION-AMICUS CURIAE MOTION FOR LEAVE TO FILE AS AMICUS CURIAE BY NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Click to open document 06/22/2021 MOTION-AMICUS CURIAE MR National Association of Criminal Defense Lawyers BY: MR Jo Ann Palchak 22826 AMENDED MOTION FOR LEAVE TO FILE AS AMICUS CURIAE BY NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Click to open document 06/23/2021 ORDER-AMICUS CURIAE GR 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).
Click to open document 06/24/2021 AMICUS CURIAE ANSWER BRIEF-MERITS MR American Civil Liberties Union Foundation, Inc. BY: MR Daniel B. Tilley 102882 BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, ELECTRONIC FRONTIER FOUNDATION, AND NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Click to open document 06/24/2021 AMICUS CURIAE ANSWER BRIEF-MERITS MR Laurent Sacharoff BY: MR Diana L. Johnson 35949 BRIEF OF AMICI CURIAE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND PROFESSOR LAURENT SACHAROFF IN SUPPORT OF RESPONDENT
Click to open document 07/07/2021 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
Click to open document 07/08/2021 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) 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.
Click to open document 08/13/2021 NOTICE-SUPPLEMENTAL AUTHORITY RS Johnathan David Garcia BY: RS Robert T. Adams 107152
Click to open document 08/13/2021 REPLY BRIEF-MERITS PT State Of Florida STATE1 BY: PT Jeffrey Paul Desousa 110951 REPLY BRIEF ON THE MERITS
Click to open document 09/08/2021 ORDER-OA SCHED (PREV ACCEPTED) 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.
Click to open document 09/15/2021 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829
Click to open document 10/01/2021 MOTION-STRIKE RS Johnathan David Garcia BY: RS Robert T. Adams 107152 MOTION TO STRIKE A PORTION OF PETITIONER'S REPLY BRIEF OR FOR LEAVE TO FILE A SUR-REPLY
Click to open document 10/04/2021 RESPONSE PT State Of Florida STATE1 BY: PT Jeffrey Paul Desousa 110951 RESPONSE TO RESPONDENT'S MOTION TO STRIKE A PORTION OF PETITIONER'S REPLY BRIEF OR FOR LEAVE TO FILE A SUR-REPLY
Click to open document 10/20/2021 ORDER-STRIKE DY Respondent's "Motion to Strike a Portion of Petitioner's Reply Brief or for Leave to file a Sur-Reply" is hereby denied.
Click to open document 10/29/2021 NOTICE-SUPPLEMENTAL AUTHORITY RS Johnathan David Garcia BY: RS Robert T. Adams 107152 SECOND NOTICE OF SUPPLEMENTAL AUTHORITY
11/03/2021 ORAL ARGUMENT HELD
Click to open document 06/10/2022 MOTION-COUNS WITHDRAWAL PT State Of Florida STATE1 BY: WD Jason Harrison Hilborn 1008829
Click to open document 06/10/2022 ORDER-COUNS WITHDRAWAL GR The motion by Jason H. Hilborn to withdraw as attorney of record for the State of Florida is granted.
Click to open document 07/29/2022 MOTION-COUNS WITHDRAWAL RS Johnathan David Garcia BY: RS David Lee Redfearn 21228 Motion to Withdraw as Counsel
Click to open document 08/01/2022 ORDER-COUNS WITHDRAWAL GR The motion by David L. Redfearn to withdraw as attorney of record for Johnathan David Garcia is granted.
Click to open document 08/08/2022 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida STATE1 BY: PT Jeffrey Paul Desousa 110951 STATE'S NOTICE OF SUPPLEMENTAL AUTHORITY