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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10/17/2019
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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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10/17/2019
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No Fee Required
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3.851 Proceeding
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10/17/2019
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ORDER-DEP WARRANT SCHEDULE
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ISSUED IN SC71164 & SC83160 ON 9/26/2019: Because the Governor has signed a death warrant for the execution of James Milton Dailey at 6:00 p.m., Thursday, November 7, 2019, we direct that all further proceedings in this case be expedited.
The proceedings pending in the trial court, if any, shall be completed and orders entered by 3:00 p.m., Wednesday, October 16, 2019.
We hereby set the following briefing schedule for any proceeding that may come before this Court. The notice of appeal shall be filed by 10:00 a.m., Thursday, October 17, 2019. The record on appeal shall be filed by 3:00 p.m., Thursday, October 17, 2019. The initial brief on the merits shall be filed by 3:00 p.m., Monday, October 21, 2019. The answer brief on the merits shall be filed by 3:00 p.m., Wednesday, October 23, 2019. The reply brief on the merits shall be filed by 3:00 p.m., Thursday, October 24, 2019. Oral argument, if necessary, will be scheduled at a later date.
Copies of any pleadings filed by counsel in the trial court and the federal courts shall be sent via email simultaneously with filing in the other courts to the following address: warrant@flcourts.org.
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10/17/2019
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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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10/17/2019
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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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10/17/2019
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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See Corrected Record/Transcript filed October 21, 2019.
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10/17/2019
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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See Corrected Record/Transcript filed October 21, 2019.
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10/18/2019
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MOTION-RECORD SUPPLEMENTATION
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Motion to Correct/Supplement Record
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10/18/2019
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ORDER-RECORD (RETURNED FOR CORRECTION)
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Appellant's Motion to Correct/Supplement Record (copy attached) is hereby granted. The trial court clerk is directed to file a corrected record that includes items A-L listed in the attached motion by 10:00 a.m. on October 21, 2019. The corrected record will replace the records filed in this Court on October 17, 2019.
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10/21/2019
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Corrected Record on Appeal (Filed Electronically)
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10/21/2019
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Corrected Record on Appeal (Filed Electronically) - Password Protected Copy for Counsel
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10/21/2019
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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AA James Milton Dailey 108509 BY: AA Laura Fernandez
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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10/21/2019
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INITIAL BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Initial Brief of Appellant
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10/21/2019
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MOTION-STAY (EXECUTION)
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Appellant's Motion for Stay of Execution
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10/23/2019
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Laura Fernandez, on behalf of Appellant, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on October 21, 2019.
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10/23/2019
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Pro Hac Vice
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2019 - 1033134 Amount: $100
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10/23/2019
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FEE PAID-PRO HAC VICE
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AA James Milton Dailey 108509 BY: AA Laura Fernandez
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10/23/2019
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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 the Appellee (Contains Response to Appellant's Motion for Stay of Execution)
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10/24/2019
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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AA James Milton Dailey 108509 BY: AA Cyd Oppenheimer
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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10/24/2019
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REPLY BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Reply Brief of Appellant
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10/25/2019
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Cyd Oppenheimer, on behalf of Appellant, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on October 24, 2019.
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10/25/2019
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Pro Hac Vice
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2019 - 1033145 Amount: $100
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10/25/2019
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FEE PAID-PRO HAC VICE
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AA James Milton Dailey 108509 BY: AA Cyd Oppenheimer
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11/12/2019
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DISP-AFFIRMED
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FSC-OPINION: For the reasons expressed above, we affirm the circuit court's order dismissing in part and denying in part Dailey's third successive postconviction motion. We also deny Dailey's habeas petition and his motion for stay of execution. It is so ordered.
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12/05/2019
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MANDATE
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12/09/2019
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PUBLISH FULL
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01/22/2020
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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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01/30/2020
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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 writ of certiorari in the above-entitled case has been presented to Justice Thomas, who on January 26, 2020, extended the time to and including March 1, 2020.
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03/09/2020
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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 March 2, 2020 and placed on the docket March 5, 2020 as No. 19-1094.
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10/09/2020
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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 petition for a writ of certiorari is denied.
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