| Docket Date |
2023-07-28
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2023-06-26
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2023-06-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-06-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2023-05-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUGGESTION OF DEATH AND MOTION TO DISMISS
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2023-05-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Withdraw as Counsel - Anders
|
| Description |
ORD-ANDERS ORDER - TALLAHASSEE
|
|
| Docket Date |
2023-05-15
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2023-05-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Withdraw as Counsel - Anders
|
| Description |
Motion to Withdraw as Counsel - Anders ~ APPEAL DISMISSED PER 6/7 ORDER
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD - Appeal to Proceed ~ IB BY 5/15/23; APPEAL SHALL TIMELY PROCEED
|
|
| Docket Date |
2023-05-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD; 20 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
3.800(b) Filed-Abated Pending Disposition Below
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2023-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 3/30/23
|
|
| Docket Date |
2023-03-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2023-02-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND; 78 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order Granting Motion to Supplement the Record ~ SROA BY 3/3; INITIAL BRF W/IN 20 DAYS THEREOF
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-03-21
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Insolvency/Indigency Order from Lower Tribunal ~ and appointment of PD
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-12-27
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2022-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ The appellant moves to supplement the record. Even though the motion is unopposed, the sole basis given for granting the requested relief is that counsel “requires” a copy of the supplemental matter “to evaluate any issues that may be appropriate to raise on appeal.”A motion to correct or supplement the record, like any other motion filed with this court, must include a well-considered rationale for the requested relief. The present motion does not explain how any of the transcripts it identifies is relevant to a legal issue that will be raised in the initial brief. Indeed, the motion suggests that the transcripts have not even been prepared yet and that counsel needs the transcripts prepared to aid counsel in search for a legal argument to assert on appeal. Missing from the present motion, then, is any indication of this type of diligent assessment to support a need to supplement the record. Cf. Verasso v. State, 346 So. 3d 1282 (Fla. 1st DCA 2022) (explaining that a motion to supplement should be filed early in an appeal to have added to the record “material that counsel knew, or should have known through the exercise of diligent review at inception of the appeal, existed and was or might be needed for the appeal” (emphasis supplied)); id. (“Counsel’s obligation of timeliness demands an early, careful, and complete assessment of the need to supplement the record on appeal, so as to avoid unnecessary delay in disposition.”).The court orders the appellant to show cause why the court should not deny the motion for failure to submit a basis for relief tied to the purpose of rule 9.200(f). The appellant shall address whether the rule allows for an order from this court essentially requiring transcription of a hearing in a criminal case at public expense so that counsel may review the transcript and determine whether it reveals a legal issue that counsel may argue on appeal. But cf. Fla. R. App. P. 9.140(f)(2)(A) (requiring “a statement of judicial acts to be reviewed, and a designation to the approved court reporter or approved transcriptionist requiring preparation of only so much of the proceedings as fairly supports the issue raised” (emphasis supplied)). Along these lines, to the extent the hearings have not yet been transcribed, the appellant also shall explain why he is unable to seek transcription of the hearings so that his counsel can review them, without an order from this court.Moreover, the appellant shall address whether a motion to supplement pursuant to rule 9.200(f) can be used for purposes other than (1) to correct an omission of an item from the record on appeal that is required by rule 9.200 to be there; or (2) to add to the appellate record something already available as part of the trial court record for review by appellate counsel and determined by appellate counsel, in good faith, to be necessary for full consideration of a legal argument to be raised (or already raised) in the briefing.The appellant shall serve a response to this order within ten days of the date of this order. The State may serve a reply within ten days thereafter.
|
|
| Docket Date |
2022-10-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 30 days- IB
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 30 days 10/10/22
|
|
| Docket Date |
2022-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 30 days- IB
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-08-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 30 days 9/9/22
|
|
| Docket Date |
2022-07-15
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ WALLET
|
|
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2022-07-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 739 pages - Supplement 1
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Court Reporter Ext Transcript ~ The Court grants the court reporter’s motion filed on May 18, 2022, and extends the time for delivery of the transcripts to June 15, 2022. The Court will not grant further extensions except upon a showing of extraordinary circumstances. The Court extends the time for service of the record on appeal to twenty days after delivery of the transcript and extends the time for service of the initial brief to thirty days from service of the record. The parties shall serve additional briefs in accordance with Florida Rule of Appellate Procedure 9.210(g).
|
|
| Docket Date |
2022-05-20
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
|
| Docket Date |
2022-05-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
|
|
| Docket Date |
2022-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Ct Rptr Extension Record & Brief ~ The Court grants the court reporter’s motion filed April 25, 2022. The court reporter shall deliver the transcript on or before May 16, 2022. The Court will not grant further extensions except upon a showing of extraordinary circumstances.The record on appeal shall be served within ten days after delivery of the transcript. Appellant shall serve the initial brief within thirty days from service of the record. The parties shall serve additional briefs in accordance with Florida Rule of Appellate Procedure 9.210(f).
|
|
| Docket Date |
2022-04-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellant’s motion filed April 4, 2022, seeking to supplement the record on appeal with a copy of transcripts of pre-trial hearings held February 12, 2019; January 16, 2020; February 3, 2020; February 26, 2020; September 3, 2020; October 6, 2020; January 14, 2021; July 26, 2021; August 26, 2021; September 27, 2021; September 29, 2021; October 14, 2021; November 8, 2021; January 27, 2022; January 31, 2021; and February 1, 2022; jury selection and trial held February 7, 2022; trial held February 8, 2022; and the hearing on motion and sentencing hearing held March 2, 2022. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before May 5, 2022. The Court extends time for service of the initial brief to thirty days following transmittal of the supplemental record.
|
|
| Docket Date |
2022-04-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2022-04-04
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ amended as to rendition date/type of appeal
|
| On Behalf Of |
Leroy Brown
|
|
| Docket Date |
2022-03-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 648 pages
|
| On Behalf Of |
Jody Phillips
|
|
| Docket Date |
2022-02-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
File Amd NOA Orig Signature(PS)/Form Att ~ Upon the Court's own motion, appellant is directed to file within 10 days from the date of this order an amended notice of appeal which contains an original signature as required by Florida Rules of General Practice and Judicial Administration 2.515(a) - (c). Attached for guidance is a sample form for an amended notice of appeal. The amended notice of appeal shall be filed with this Court and not the lower tribunal. The failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Circuit Court Action / Acknowledgement letter ~ Notice of Appeal in this lower tribunal action, filed in this court on February 2, 2022, and in the lower tribunal on
|
|
| Docket Date |
2022-02-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
|
|
| Docket Date |
2022-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ orders appealed attached
|
| On Behalf Of |
Leroy Brown
|
|
