| Docket Date |
2014-09-09
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including September 22, 2014, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
|
|
| Docket Date |
2014-09-05
|
| Type |
Motion
|
| Subtype |
Ext of Time (Reply Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-08-14
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Prosecuting Attorneys Association is hereby granted and they are allowed to adopt the answer brief on the merits filed by respondent in the above styled case on August 11, 2014.
|
|
| Docket Date |
2014-08-12
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE FOR PURPOSES OF ADOPTING THE POSITION OF THE ATTORNEY GENERAL, STATE OF FLORIDA
|
| On Behalf Of |
Florida Prosecuting Attorneys Association
|
| View |
View File
|
|
| Docket Date |
2015-07-30
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE ~ CC: COUNSEL
|
|
| Docket Date |
2015-07-09
|
| Type |
Disposition
|
| Subtype |
Remanded
|
| Description |
DISP-REMANDED ~ We conclude that placing the burden of proof on the defendant to establish entitlement to Stand Your Ground immunity by a preponderance of the evidence at the pretrial evidentiary hearing, rather than on the State to prove beyond a reasonable doubt that the defendant's use of force was not justified, is consistent with this Court's precedent and gives effect to the legislative intent. While we recognize that the Stand Your Ground law is intended to be an immunity from prosecution as opposed to just an affirmative defense, the immunity is not a blanket immunity, but rather, requires the establishment that the use of force was legally justified. Accordingly, for the reasons we have explained, we answer the certified question in the negative, approve the decision of the Fifth District, and remand this case for proceedings consistent with this opinion. It is so ordered.
|
|
| Docket Date |
2015-03-31
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
State of Florida
|
| View |
View File
|
|
| Docket Date |
2015-02-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE
|
| On Behalf Of |
NATIONAL RIFLE ASSOCIATION OF AMERICA
|
| View |
View File
|
|
| Docket Date |
2014-12-24
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE DY ~ The "Motion for Leave to Serve a Later Amicus Curiae Brief/Extension of Time and/or in the Alternative Motion for Consolidation and Intervention" filed in the above cause by Jimmy Cruz is hereby denied.
|
|
| Docket Date |
2014-12-19
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS MOTION FOR LEAVE TO SERVE A LATER AMICUS CURIAE BRIEF/EXTENSION OF TIME AND/OR IN THE ALTERNATIVE MOTION FOR CONSOLIDATION AND INTERVENTION
|
| On Behalf Of |
JIMMY CRUZ
|
| View |
View File
|
|
| Docket Date |
2014-12-02
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2014-09-23
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
|
| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, December 2, 2014.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.
|
|
| Docket Date |
2014-09-19
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-09-19
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-08-11
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
State of Florida
|
| View |
View File
|
|
| Docket Date |
2014-07-11
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted and respondent is allowed to and including August 11, 2014, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2014-07-08
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
| On Behalf Of |
State of Florida
|
| View |
View File
|
|
| Docket Date |
2014-07-03
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME ~ WITH MOTION FOR EXTENSION OF TIME
|
| View |
View File
|
|
| Docket Date |
2014-06-30
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Carry, Inc. is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 23, 2014.
|
|
| Docket Date |
2014-06-23
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS FLORIDA CARRY, INC'S MOTION FOR LEAVE TOFILE AMICUS CURIAE BRIEF
|
| On Behalf Of |
Florida Carry, Inc.
|
| View |
View File
|
|
| Docket Date |
2014-06-23
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ BRIEF OF AMICUS CURIAENATIONAL RIFLE ASSOCIATION OF AMERICAIN SUPPORT OF APPELLANT
|
| On Behalf Of |
NATIONAL RIFLE ASSOCIATION OF AMERICA
|
| View |
View File
|
|
| Docket Date |
2014-06-20
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by National Rifle Association of America is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2014-06-18
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ TO INITIAL BRIEF-MERITS
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-06-17
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF APPELLANTBY NATIONAL RIFLE ASSOCIATION OF AMERICA
|
| On Behalf Of |
NATIONAL RIFLE ASSOCIATION OF AMERICA
|
| View |
View File
|
|
| Docket Date |
2014-06-11
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-06-06
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ W/ CHECK FOR $100.00 FOR PRO HAC VICE FEE
|
| View |
View File
|
|
| Docket Date |
2014-06-03
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by John Frazer is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
|
| Docket Date |
2014-05-22
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ 1 VOLUME RECORD (ELECTRONICALLY FILED)
|
|
| Docket Date |
2014-05-22
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
|
| View |
View File
|
|
| Docket Date |
2013-12-18
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2013-12-16
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ DATED 12/11/2013, RE: TRANSMITTAL OF FILING FEE
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-05-06
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 11, 2014, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2014-05-02
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2014-04-15
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. 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.Petitioner's initial brief on the merits shall be served on or before May 12, 2014; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before June 16, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Fifth District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
|
|
| Docket Date |
2013-12-09
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2013-11-27
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT GPI) ~ FILED AS A NOTICE OF APPEAL & TREATED AS NOT-INVOKE
|
| On Behalf Of |
JARED BRETHERICK
|
| View |
View File
|
|
| Docket Date |
2013-11-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
