|
JERRY THOMAS VS STATE OF FLORIDA
|
6D2023-1811
|
2023-01-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786-CF
|
Parties
| Name |
HON. SCOTT H. CUPP
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ROGER EATON, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
JERRY THOMAS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL, TAMPA, CERESE CRAWFORD TAYLOR, A.A.G.
|
|
Docket Entries
| Docket Date |
2023-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2023-05-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-01-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2023-01-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY/CUPP - 36 PAGES
|
| On Behalf Of |
ROGER EATON, CLERK
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2023-01-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-01-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
treat as summary; transmit record
|
|
| Docket Date |
2023-01-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2023-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
| On Behalf Of |
JERRY THOMAS
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
2D2022-4114
|
2022-12-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, LAURA DEMPSEY, A.A.G.
|
|
| Name |
HON. SCOTT H. CUPP
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ TRANSFERRED TO THE 6TH DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The petitioner in the above-styled case has filed a petition for writ of mandamusseeking to compel a ruling on a motion for postconviction relief filed in the trial court ascase number 2013-CF-786 on or about May 23, 2022. It is possible that the pleadinghas been ruled on and for some reason the order has not reached the petitioner. It isalso possible that the pleading is scheduled for a decision or some other action in thenear future. The State of Florida shall furnish to this court and to the petitioner a copy ofany of the following types of orders issued by the trial court: a final order disposing ofthe pleading; an order appointing counsel to represent the petitioner in the proceedingat issue; an order dismissing, in whole or in part, the pleading with leave to amend thepleading; and an order directing the State to respond or directing that an evidentiaryhearing be held. If the State of Florida fails to serve a response within fifteen days of thedate of this order, the court will consider entering a show cause order on this Petition forWrit of Mandamus.
|
|
| Docket Date |
2022-12-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-19
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FEE WAIVED AS A SUMMARY
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
6D2023-1076
|
2022-12-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
LAURA DEMPSEY, A.A.G., ATTORNEY GENERAL, TAMPA
|
|
| Name |
HON. SCOTT H. CUPP
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ROGER EATON, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-09
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
deny mandamus as moot ~ This petition for writ of mandamus is denied as moot.
|
|
| Docket Date |
2023-02-09
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ Cohen, Stargel, and Nardella
|
|
| Docket Date |
2023-01-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ SUPPLEMENTAL RESPONSE TO STATUS ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO STATUS ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-12-19
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FEE WAIVED AS A SUMMARY
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The petitioner in the above-styled case has filed a petition for writ of mandamusseeking to compel a ruling on a motion for postconviction relief filed in the trial court ascase number 2013-CF-786 on or about May 23, 2022. It is possible that the pleadinghas been ruled on and for some reason the order has not reached the petitioner. It isalso possible that the pleading is scheduled for a decision or some other action in thenear future. The State of Florida shall furnish to this court and to the petitioner a copy ofany of the following types of orders issued by the trial court: a final order disposing ofthe pleading; an order appointing counsel to represent the petitioner in the proceedingat issue; an order dismissing, in whole or in part, the pleading with leave to amend thepleading; and an order directing the State to respond or directing that an evidentiaryhearing be held. If the State of Florida fails to serve a response within fifteen days of thedate of this order, the court will consider entering a show cause order on this Petition forWrit of Mandamus.
|
|
| Docket Date |
2022-12-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
6D2023-0189
|
2021-12-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Non Summary
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786CF
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
H. KYLE FLETCHER, JR., ESQ.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL, TAMPA, ALLISON C. HEIM, A.A.G.
|
|
| Name |
HON. SCOTT H. CUPP
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ROGER EATON, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-30
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2023-06-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's Motion for Rehearing is denied.
|
|
| Docket Date |
2023-06-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2023-05-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-05-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CUPP 250 PAGES
|
| On Behalf Of |
ROGER EATON, CLERK
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ A review of the record on appeal indicates missing pages at page numbers 162 to 170 and 172 to 209. Accordingly, the clerk of the lower tribunal shall transmit a corrected copy of the record on appeal to include the missing items within fifteen days from the date of this order.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-07-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-07-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-07-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 362 PAGES
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ The circuit court clerk shall file a status report on supplemental record preparation and transmission within ten days from the date of this order.
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellee's motion for extension of time is granted, and the answer brief shall be served within sixty days from the date of this order.
|
|
| Docket Date |
2022-05-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-04-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record ~ APPELLEE'S MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-04-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant's "motion for default" is denied.
|
|
| Docket Date |
2022-04-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S FIRST MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-03-22
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2022-02-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ TO THE COURT
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-02-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CUPP- 203 PAGES
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order for Clerk to File Status Report on Record
|
| Description |
Record status report ~ This proceeding is converted to a nonsummary postconviction appeal. Withintwenty days from the date of this order, the clerk of the lower court shall transmit arecord on appeal to this court and to the parties or shall file a status report on recordpreparation.
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se nonsummary order ~ This appears to be a pro se appeal from an order denying a postconviction motion after evidentiary hearing. Appellant is advised that there may be a right to the appointment of counsel. See Beliveau v. State, 144 So. 3d 634, 637 (Fla. 2d DCA 2014); see also Graham v. State, 372 So. 2d 1363 (Fla. 1979); Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001).If appellant cannot afford to hire an attorney and wishes the assistance of counsel on this appeal, appellant may file a motion in the trial court "requesting the appointment of counsel and explaining the reasons why due process considerations warrant the appointment." Beliveau, 144 So. 3d at 637 (presenting a nonexhaustive list of factors to be considered). If appellant has not been determined to be indigent by the trial court, such a motion should be accompanied by an affidavit of insolvency.
|
|
| Docket Date |
2022-01-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ ORDER DECLARING DEFENDANT INDIGENT
|
| On Behalf Of |
ROGER EATON, CLERK
|
|
| Docket Date |
2022-01-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - criminal; pro se ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, an order from the lower tribunal finding appellant insolvent pursuant to sections 57.081 and 924.17, Florida Statutes, or a clerk's certificate pursuant to section 27.52, Florida Statutes, within forty days from the date of this order.If this court does not receive any of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2021-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
2D2021-3992
|
2021-12-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Non Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786CF
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, ALLISON C. HEIM, A.A.G.
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ TRANSFERRED TO 6th DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-07-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-07-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-07-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 362 PAGES
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The circuit court clerk shall file a status report on supplemental record preparation and transmission within ten days from the date of this order.
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellee's motion for extension of time is granted, and the answer brief shall be served within sixty days from the date of this order.
|
|
| Docket Date |
2022-05-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-04-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record ~ APPELLEE'S MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-04-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant's "motion for default" is denied.
|
|
| Docket Date |
2022-04-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S FIRST MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-03-22
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2022-02-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ TO THE COURT
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-02-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CUPP- 203 PAGES
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order for Clerk to File Status Report on Record
|
| Description |
Record status report ~ This proceeding is converted to a nonsummary postconviction appeal. Withintwenty days from the date of this order, the clerk of the lower court shall transmit arecord on appeal to this court and to the parties or shall file a status report on recordpreparation.
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se nonsummary order ~ This appears to be a pro se appeal from an order denying a postconviction motion after evidentiary hearing. Appellant is advised that there may be a right to the appointment of counsel. See Beliveau v. State, 144 So. 3d 634, 637 (Fla. 2d DCA 2014); see also Graham v. State, 372 So. 2d 1363 (Fla. 1979); Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001).If appellant cannot afford to hire an attorney and wishes the assistance of counsel on this appeal, appellant may file a motion in the trial court "requesting the appointment of counsel and explaining the reasons why due process considerations warrant the appointment." Beliveau, 144 So. 3d at 637 (presenting a nonexhaustive list of factors to be considered). If appellant has not been determined to be indigent by the trial court, such a motion should be accompanied by an affidavit of insolvency.
|
|
| Docket Date |
2022-01-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ ORDER DECLARING DEFENDANT INDIGENT
|
| On Behalf Of |
CHARLOTTE CLERK
|
|
| Docket Date |
2022-01-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2022-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se J & S/right to counsel ~ This appears to be a pro se appeal from a judgment and sentence. Appellant is advised that there is a right to counsel on this appeal, and if qualified a right to the appointment of counsel by the trial court. If appellant cannot afford to hire an attorney and wishes the assistance of counsel on this appeal, appellant may file a motion in the trial court requesting appointed counsel. If appellant has not been determined to be indigent by the trial court, such a motion should be accompanied by an affidavit of insolvency. If the trial court denies the motion for appointment of counsel, appellant may then move this court to review the order denying the appointment of appellate counsel. In that event, a motion filed in this court must be accompanied by a copy of the order of the trial court denying the appointment of counsel.
|
|
| Docket Date |
2021-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
2D2021-3592
|
2021-11-22
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786 CF
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, C. SUZANNE BECHARD, A.A.G.
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-11
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-01-13
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ KHOUZAM, ATKINSON, and STARGEL
|
|
| Docket Date |
2022-01-13
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
deny mandamus as moot ~ This petition for writ of mandamus is denied as moot.
|
|
| Docket Date |
2021-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ STATE'S RESPONSE TO ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2021-12-07
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
CERTIFICATE ~ OF SERVICE
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO ORDER
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
mandamus status order - 10/08 ~ The petitioner in the above-styled case has filed a Petition for Writ of Mandamus seeking to compel ruling on a single overlooked postconviction claim remanded from this court in case 2D19-3830 on January 22, 2021. The claim was included in a motion for postconviction relief filed in the trial court as case number 13-786 CF on or about April 18, 2017. It is possible that the pleading has been ruled on and for some reason the order has not reached the petitioner. It is also possible that the pleading is scheduled for a decision or some other action in the near future.The State of Florida shall furnish to this court and to the petitioner a copy of any of the following types of orders issued by the trial court: a final order disposing of the pleading; an order appointing counsel to represent the petitioner in the proceeding at issue; an order dismissing, in whole or in part, the pleading with leave to amend the pleading; and an order directing the State to respond or directing that an evidentiary hearing be held.If the State of Florida fails to serve a response within fifteen days of the date of this order, the court will consider entering a show cause order on this Petition for Writ of Mandamus.
|
|
| Docket Date |
2021-11-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-11-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - writ; pro se
|
|
| Docket Date |
2021-11-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2021-11-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FEE WAIVED AS A SUMMARY
|
| On Behalf Of |
JERRY THOMAS
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
2D2021-3464
|
2021-11-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786CF
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General, Tampa
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-12-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ The appeal filed in 2D21-3464 is dismissed as a duplicate of 2D21-3592.
|
|
| Docket Date |
2021-12-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, KHOUZAM, and ROTHSTEIN-YOUAKIM
|
|
| Docket Date |
2021-12-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2021-11-16
|
| Type |
Order
|
| Subtype |
Order to Supplement Petition
|
| Description |
supp mandamus with certif of service ~ Petitioner shall supplement the petition for writ of mandamus with a certificate of service showing that it has been served on the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607, within twenty days. Failure to comply with this order will result in dismissal of this proceeding without further notice.
|
|
| Docket Date |
2021-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-11-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2021-11-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FEE WAIVED AS A SUMMARY
|
| On Behalf Of |
JERRY THOMAS
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
2D2019-3830
|
2019-10-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Non Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-000786CF
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, LINSEY SIMS - BOHNENSTIEHL, A.A.G., ELBA CARIDAD MARTIN, A.A.G.
|
|
| Name |
HON. GEORGE C. RICHARDS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-16
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired ~ Article I, section 16(b)(10)(b), Florida Constitution, provides that all state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in noncapital 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 required time because the case was initiated in this court after the time had already expired.This order is for reporting purposes only. It does not affect the decision in this case or the date of the mandate if one has issued, and it has no effect on related proceedings in the lower tribunal or in federal court.
|
|
| Docket Date |
2021-02-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and remanded for further proceedings.
|
|
| Docket Date |
2020-08-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2020-07-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
Order Denying Motion to Compel ~ Appellant's motion to compel is denied as moot in light of this court's June 26, 2020, order granting Appellee an extension of time to serve the answer brief.
|
|
| Docket Date |
2020-07-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2020-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2020-06-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 60 days from the date of this order.
|
|
| Docket Date |
2020-03-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 60 days from the date of this order.
|
|
| Docket Date |
2020-01-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ EXPIRATION OF TIME FOR THE APPELLEE TO FILE BRIEF
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2019-12-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-11-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2019-10-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RICHARDS - 283 PAGES
|
|
| Docket Date |
2019-10-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ As the rule 3.850 proceeding in the circuit court included an evidentiary hearing, this appeal shall proceed as a nonsummary appeal.Pursuant to Florida Rule of Appellate Procedure 9.141(b)(3)(A), (B)(i), the clerk of the circuit court shall, within 30 days from the date of this order, supplement the record with the transcript of the postconviction evidentiary hearing held on September 4. If the supplemental record cannot be transmitted timely, the clerk shall provide a status report on record preparation within 30 days from the date of this order.The clerk shall forward a copy of the record to the appellant within 10 days after the filing of the transcript, unless by that time the appellant has successfully obtained counsel.Appellant is advised that he or she may have a right to the appointment of counsel. See Beliveau v. State, 144 So. 3d 634, 637 (Fla. 2d DCA 2014); see also Graham v. State, 372 So. 2d 1363; Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001). If appellant cannot afford to hire an attorney and wishes the assistance of counsel on this appeal, appellant may file a motion in the trial court "requesting the appointment of counsel and explaining the reasons why due process considerations warrant the appointment." Beliveau, 144 So. 3d at 637 (presenting a nonexhaustive list of factors to be considered). If appellant has not been determined to be indigent by the trial court, such a motion should be accompanied by an affidavit of insolvency. The appellant should file a courtesy copy of the motion in this court.The appellee's October 16, 2019, notice that the appellee will not be filing a brief is stricken. An answer brief will be required in this nonsummary appeal.The appellant's motion for extension of time is granted to the extent that initial brief shall be served within 60 days of the date of this order.
|
|
| Docket Date |
2019-10-17
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2019-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief ~ ***STRICKEN***(see 10/24/19 order)
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-10-15
|
| 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 |
JERRY THOMAS
|
|
| Docket Date |
2019-10-04
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2019-10-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-10-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2019-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY THOMAS
|
|
|
|
JERRY THOMAS VS STATE OF FLORIDA
|
2D2018-2645
|
2018-07-05
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
13-786-CF
|
Parties
| Name |
JERRY THOMAS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
voluntary dismissal of writ ~ Petitioner's notice of voluntary dismissal is accepted and this petition for writ of mandamus is dismissed.
|
|
| Docket Date |
2018-07-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
JERRY THOMAS
|
|
| Docket Date |
2018-07-13
|
| Type |
Order
|
| Subtype |
Order to Supplement Petition
|
| Description |
supp mandamus with certif of service ~ Petitioner shall supplement the petition for writ of mandamus with a certificate of service showing that it has been served on the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607, within twenty days. Failure to comply with this order will result in dismissal of this proceeding without further notice.
|
|
| Docket Date |
2018-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2018-07-05
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ ARISES FROM A 3.850.
|
| On Behalf Of |
JERRY THOMAS
|
|
|
