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Doc. Date Docketed Description Filed by Notes
Click to open document 05/22/2018 NOTICE-APPEAL (3.851 SUCCESSOR) AA Duane Eugene Owen 101660 BY: AA James L. Driscoll 78840
Click to open document 05/22/2018 RECORD/TRANSCRIPT Sharon Repak Bock PALM BE BY: Sharon Repak Bock PALM BE Filed Electronically
05/25/2018 No Fee Required 3.851 Proceeding
Click to open document 05/25/2018 COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Order Denying Defendant's Successive Motion to Vacate Judgments of Conviction and Sentence
Click to open document 05/25/2018 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC
Click to open document 05/25/2018 ORDER-DEP BRIEF SCHED (40) The 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 July 2, 2018; 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 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. ***SEE OTSC ISSUED 6/25/2018.***
Click to open document 05/31/2018 MOTION-OTHER SUBSTANTIVE AA Duane Eugene Owen 101660 BY: AA Gregory W. Brown 86437 Motion for Order to Show Cause
Click to open document 06/25/2018 ORDER-SHOW CAUSE (MISC) Appellant's Motion for Order to Show Cause is hereby granted. The following schedule supersedes the briefing schedule issued May 25, 2018. The State shall show cause on or before July 16, 2018, why relief should not be granted to the defendant based on this Court's precedent in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017), Davis v. State, 207 So. 3d 142 (Fla. 2016), and Mosley v. State, 209 So. 3d 1248 (Fla. 2016). The State's response shall not exceed twenty-five pages. A reply may be served on or before July 26, 2018, which shall not exceed fifteen pages.
Click to open document 07/16/2018 RESPONSE AE State Of Florida STATE1 BY: AE Celia Terenzio 656879 Response to Order to Show Cause
Click to open document 07/23/2018 REPLY TO RESPONSE AA Duane Eugene Owen 101660 BY: AA James L. Driscoll 78840 Reply to State's Response to Order to Show Cause
Click to open document 07/25/2018 ORDER-NO REQ SCHED (MISC) The above case has been submitted to the Court without oral argument.
Click to open document 04/24/2019 ORDER-DEP BRIEF SCHED (MISC) Following the parties' responses to this Court's June 25, 2018, order to show cause, the Court determines that full briefing would be helpful. Appellant's brief is to be filed on or before May 14, 2019; 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. The parties' briefs shall address, but are not limited to, whether this Court should recede from the retroactivity analysis in Asay v. State, 210 So. 3d 1 (Fla. 2016); Mosley v. State, 209 So. 3d 1248 (Fla. 2016); and James v. State, 615 So. 2d 668 (Fla. 1993). Motions for extension of time will be granted only due to a medical emergency. The initial and answer briefs shall not exceed fifty pages. The reply brief shall not exceed fifteen pages.
Click to open document 05/14/2019 INITIAL BRIEF-MERITS AA Duane Eugene Owen 101660 BY: AA James L. Driscoll 78840 Initial Brief of the Appellant
Click to open document 06/03/2019 ANSWER BRIEF-MERITS AE State Of Florida STATE1 BY: AE Celia Terenzio 656879 Answer Brief of Appellee
Click to open document 06/05/2019 CERTIFICATE OF SERVICE (AMD) AE State Of Florida STATE1 BY: AE Celia Terenzio 656879 Notice of State's Corrected Certificate of Service Page
Click to open document 06/06/2019 MOTION-AMICUS CURIAE ME Florida Prosecuting Attorneys Association BY: ME Arthur I. Jacobs 108249 Motion for Leave to Appear as Amicus Curiae for Purposes of Adopting the Position of Appellee, the Attorney General, State of Florida in the Appeal from the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida (Criminal Division)
Click to open document 06/11/2019 ORDER-AMICUS CURIAE GR The Motion for Leave to Appear as Amicus Curiae filed by the Florida Prosecuting Attorneys Association is hereby granted, and they are allowed to adopt the Answer Brief of Appellee, filed with this Court on June 3, 2019, as their own.
Click to open document 06/24/2019 REPLY BRIEF-MERITS AA Duane Eugene Owen 101660 BY: AA James L. Driscoll 78840 Reply Brief of the Appellant