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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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10/21/2020
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NOTICE-APPEAL (3.851 SUCCESSOR)
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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10/21/2020
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Order Dismissing Defendant's Third Successive Motion to Vacate Judgment of Conviction and Sentence of Death After Death Warrant Signed; Order Dismissing Defendant's Motion to Take Deposition to Perpetuate the Testimony of Jack Pearcy; Directions to Clerk
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10/22/2020
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No Fee Required
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3.851 Proceeding
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10/22/2020
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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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10/22/2020
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ORDER-RECORD FILING (NON-EVIDENTIARY)
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TR: 12/10/2020; ROA: 12/30/2020
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10/22/2020
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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10/22/2020
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DESIGNATION-COURT REPORTER (COPY)
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Court Reporter's Acknowledgment
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10/22/2020
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LOWER TRIBUNAL DOCUMENTS
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Certificate of Nonexistence
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10/26/2020
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MOTION-CONSOLIDATION
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Unopposed Motion to Consolidate
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10/27/2020
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ORDER-CONSOLIDATION GR
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Appellant's Unopposed Motion to Consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC20-934 only.
A briefing schedule will be issued once the record on appeal is filed, pursuant to the order issued in SC20-1529.
*Corrected October 27, 2020, to reflect the correct case number for all future documents to be filed.*
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11/09/2020
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Supplemental Record on Appeal (Redacted) - Filed Electronically
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11/10/2020
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Supplemental Record on Appeal (Unredacted) - Filed Electronically
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11/12/2020
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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11/12/2020
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ORDER-DEP BRIEF SCHED (40)
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The supplemental record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before December 21, 2020; appellee's brief shall be filed twenty days after filing of appellant's brief; and appellant's reply brief shall be filed twenty days after filing of appellee's brief.
Motions for extension of time will be granted only due to a medical emergency.
The initial brief and answer briefs shall not exceed seventy-five pages. The reply brief shall not exceed twenty-five pages. Motions to file enlarged briefs will not be entertained by the Court.
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11/19/2020
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MOTION-RECORD SUPPLEMENTATION
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Unopposed Motion to Correct/Supplement the Record
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11/19/2020
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Unopposed Motion to Correct/Supplement Record (copy attached) is granted. The trial court clerk is directed, on or before December 4, 2020, to supplement the record with the items listed in the attached motion and provide copies to counsel for the parties.
Appellant shall have 33 days from the filing of the supplemental record in which to file the initial brief on the merits.
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11/25/2020
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STATUS REPORT
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Hon. Pat Edward Siracusa, Jr., Judge 7791 BY: Hon. Pat Edward Siracusa, Jr., Judge 7791
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11/30/2020
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Third Supplemental Record on Appeal (Unredacted) - Filed Electronically
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11/30/2020
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Third Supplemental Record on Appeal (Redacted) - Filed Electronically
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12/02/2020
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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12/04/2020
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MOTION-RECORD SUPPLEMENTATION
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Second Unopposed Motion to Correct/Supplement the Record
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12/10/2020
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Second Unopposed Motion to Correct/Supplement the Record (copy attached) is granted. The trial court clerk is directed, on or before December 28, 2020, to supplement the record with the items listed in the attached motion and provide copies to counsel for the parties.
Appellant shall have 29 days from the filing of the supplemental record in which to file the initial brief on the merits.
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12/15/2020
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Fourth Supplemental Record On Appeal (Redacted) - Filed Electronically
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12/15/2020
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Fourth Supplemental Record on Appeal (Unredacted) - Filed Electronically
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12/22/2020
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STATUS REPORT
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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01/13/2021
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INITIAL BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Initial Brief of Appellant
*Stricken, per 2/16/2021 Order*
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01/15/2021
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MOTION-AMICUS CURIAE
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Florida Conference Of Catholic Bishops, Inc. BY: Raoul G. Cantero 552356
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Florida Conference of Catholic Bishops' Motion for Leave to File Amicus Brief in Support of Appellant
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01/15/2021
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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Florida Conference Of Catholic Bishops, Inc. BY: Raoul G. Cantero 552356
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Florida Conference of Catholic Bishops' Motion for Two-Week Extension of Time to Serve Amicus Brief
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01/15/2021
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PAY PRO HAC VICE FEE-100
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Florida Conference Of Catholic Bishops, Inc. BY: Raoul G. Cantero 552356
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01/15/2021
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PAY PRO HAC VICE FEE-100
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Florida Conference Of Catholic Bishops, Inc. BY: Raoul G. Cantero 552356
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01/15/2021
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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Virginia Chavez Romano BY: Virginia Chavez Romano
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510 - Virginia Chavez Romano
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01/15/2021
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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Tai H. Park BY: Tai H. Park
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510 - Tai Park
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01/19/2021
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MOTION-STRIKE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Motion to Strike Initial Brief and Request for Dailey to be Directed to Comply with the Appellate Rules
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01/19/2021
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MOTION-BRIEF AMENDMENT
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Unopposed Motion to Amend Initial Brief
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01/19/2021
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APPENDIX-MOTION
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Attachment to Unopposed Motion to Amend Initial Brief
*See Amended Initial Brief filed separately on 1/20/2021*
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01/20/2021
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INITIAL AMD BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Amended Initial Brief of Appellant
*Stricken, per 2/16/2021 Order*
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01/20/2021
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RESPONSE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Response to Motion to Amend
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01/29/2021
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MOTION-TOLL TIME
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Unopposed Motion to Toll Time for Filing Appellee's Answer Brief
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01/29/2021
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ORDER-TOLLING GR
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Appellee's Unopposed Motion to Toll Time for Filing Appellee's Answer Brief is granted and the time for filing said brief is tolled pending resolution of State's Motion to Strike Initial Brief and Appellant's Motion to Amend Initial Brief.
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02/03/2021
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RESPONSE
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Response to State's Motion to Strike
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02/03/2021
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MOTION-EXT OF TIME (AMICUS CURIAE BRIEF)
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Florida Conference Of Catholic Bishops, Inc. BY: Raoul G. Cantero 552356
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Florida Conference of Catholic Bishops' Second Motion for an Extension of Time to Serve Amicus Brief
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02/16/2021
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ORDER-STRIKE GR
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The State's "Motion to Strike Initial Brief and Request for Dailey to be Directed to Comply with the Appellate Rules" is granted. Appellant's "Unopposed Motion to Amend Initial Brief" is denied. Appellant's initial brief filed on January 13, 2021, and amended initial brief filed on January 20, 2021, are hereby stricken. Appellant is directed on or before March 3, 2021, to file an amended initial brief that fully complies with the appellate rules.
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02/19/2021
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ORDER-AMICUS CURIAE DY
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The Motion for Leave to File Amicus Brief in Support of Appellant filed in the above cause by Florida Conference of Catholic Bishops is hereby denied.
The motions for extension of time filed by Florida Conference of Catholic Bishops are denied as moot.
The motions to appear pro hac vice filed in the above cause by Virginia Chavez Romano and Tai Park, on January 15, 2021, are hereby denied as moot.
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03/03/2021
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INITIAL AMD BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Amended Initial Brief of Appellant
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03/09/2021
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ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Answer Brief of Appellee
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03/29/2021
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REPLY BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Reply Brief of Appellant
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03/30/2021
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ORDER-NO REQ SCHED (MISC)
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The above case has been submitted to the Court without oral argument.
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04/22/2021
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NOTICE
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AA James Milton Dailey 108509 BY: AA Kara Renee Ottervanger 112110
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Notice of Withdrawal of Counsel
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09/23/2021
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DISP-AFFIRMED
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FSC-OPINION: For the reasons above, we affirm the trial court's orders denying in part and dismissing in part Dailey's fourth successive motion for postconviction relief, dismissing his fifth successive motion for postconviction relief, and dismissing his motion to perpetuate testimony. It is so ordered.
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10/08/2021
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MOTION-REHEARING
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AA James Milton Dailey 108509 BY: AA Julissa Fontán 32744
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Motion for Rehearing and Clarification
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12/02/2021
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DISP-REHEARING DY
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Appellant's Motion for Rehearing and Clarification is hereby denied.
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12/21/2021
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MANDATE
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12/21/2021
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ORDER-NOTICE OF DELAY
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Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
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12/22/2021
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PUBLISH FULL
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02/22/2022
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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 February 16, 2022, extended the time to and
including April 1, 2022.
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03/25/2022
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USSC Order GR Ext of Time
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The application for a further extension of time in the above-entitled
case has been presented to Justice Thomas, who on March 18, 2022, extended
the time to and including April 29, 2022.
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05/09/2022
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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 April
29, 2022 and placed on the docket May 3, 2022 as No. 21-1411.
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10/07/2022
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USSC Disp-Certiorari Dy
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The Court today entered the following order in the above-entitled case:
The motion of Exonerees for leave to file a brief as amici curiae is
granted. The petition for a writ of certiorari is denied.
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