|
SHAWN DUNCAN VS STATE OF FLORIDA
|
2D2019-1372
|
2019-04-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
10-CF-4075
|
Parties
| Name |
SHAWN DUNCAN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelly E. O'Neill, A.A.G., Attorney General, Tampa
|
|
| Name |
HON. GILBERT SMITH, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-14
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2020-02-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-01-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-10-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2019-09-13
|
| 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 |
SHAWN DUNCAN
|
|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 45 days from the date of this order.
|
|
| Docket Date |
2019-07-22
|
| 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 |
SHAWN DUNCAN
|
|
| Docket Date |
2019-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 75 days from the date of this order.
|
|
| Docket Date |
2019-05-06
|
| 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 |
SHAWN DUNCAN
|
|
| Docket Date |
2019-04-11
|
| 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 |
2019-04-09
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2019-04-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2019-04-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
MANATEE CLERK
|
|
| Docket Date |
2019-04-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2019-10-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2019-09-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 30 days from the date of this order.
|
|
|
|
SHAWN DUNCAN VS STATE OF FLORIDA
|
2D2017-1635
|
2017-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2010-CF-4075
|
Parties
| Name |
SHAWN DUNCAN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRANDON R. CHRISTIAN, ESQ.
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ In light of the sworn allegations in appellant's response received May 24, 2017, this court's order to show cause, dated April 26, 2017, is discharged and appellant's certified notice of appeal is treated as timely filed.Appellant's motion for an extension of the time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 60 days from the date of this order.
|
|
| Docket Date |
2017-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S MOTION TO SHOW CAUSE
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2017-05-03
|
| 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 |
SHAWN DUNCAN
|
|
| Docket Date |
2017-04-28
|
| 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 |
2018-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2018-01-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ This court's mandate issued December 28, 2017, is recalled.
|
|
| Docket Date |
2018-01-05
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2018-01-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ on initial brief
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2017-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-12-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-09-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2017-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 30 days from the date of this order.
|
|
| Docket Date |
2017-08-25
|
| 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 |
SHAWN DUNCAN
|
|
| Docket Date |
2017-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 45 days from the date of this order.
|
|
| Docket Date |
2017-07-17
|
| 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 |
SHAWN DUNCAN
|
|
| Docket Date |
2017-04-25
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2017-04-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-04-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
MANATEE CLERK
|
|
| Docket Date |
2017-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2017-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2017-04-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant shall show cause within 30 days from the date of this order why this appeal should not be dismissed as untimely. The circuit court order appealed appears to have been rendered under the requirements of Florida Rule of Appellate Procedure 9.020(i) on March 14, 2017.The notice of appeal to be timely under the requirements of Florida Rules of Appellate Procedure 9.141(b)(1) and 9.110(b) had to be filed with the clerk of the circuit court by April 13, 2017 (within 30 days of the rendition of the order being appealed).For pro se prisoners, the notice of appeal is considered filed as of the date prison officials placed on the notice which is in the record, that is, April 14, 2017 (31 days after rendition of the order being appealed). Appellant's notice of appeal appears to have been untimely filed. See Bouchard v. State, Dep't of Bus. Reg., 448 So. 2d 1126 (Fla. 2d DCA 1984); Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990).In the notice which initiated this appeal, appellant states in the certificate of service that he turned over the notice of appeal to prison officials on April 12, 2017. Accordingly, appellant shall within 30 days from the date of this order submit to this court under oath whatever proof appellant may have or can obtain, such as through a prison mail log, if available, that he placed a notice of appeal in the hands of prison officials for mailing on or before April 13, 2017. - DISCHARGED/SEE 5/26/17 ORDER
|
|
|
|
SHAWN DUNCAN VS STATE OF FLORIDA
|
2D2017-1083
|
2017-03-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2010-CF-4075
|
Parties
| Name |
SHAWN DUNCAN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ LAROSE, KHOUZAM, AND CRENSHAW
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
deny mandamus as moot
|
|
| Docket Date |
2017-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO STATUS ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-03-30
|
| 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 petition for writ of habeas corpus filed in the trial court in case number 2010-CF-4075 on or about November 10, 2016. 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 thirty 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 |
2017-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-03-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2017-03-13
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ WAIVE FEE HAS TO A HABEAS
|
| On Behalf Of |
SHAWN DUNCAN
|
|
|
|
SHAWN DUNCAN VS STATE OF FLORIDA
|
2D2017-0875
|
2017-03-06
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2010-CF-4075
|
Parties
| Name |
SHAWN DUNCAN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ LAROSE, KHOUZAM, AND CRENSHAW
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
deny mandamus as moot
|
|
| Docket Date |
2017-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO STATUS ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-03-08
|
| 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 an amended motion for postconviction relief filed in the trial court in case number 2010-CF-4075 on or about October of 2015. 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 thirty 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 |
2017-03-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2017-03-06
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FEE WAIVED AS TO A 3.850
|
| On Behalf Of |
SHAWN DUNCAN
|
|
| Docket Date |
2017-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
SHAWN DUNCAN VS STATE OF FLORIDA
|
2D2016-1524
|
2016-04-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Mandamus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2010-CF-004075
|
Parties
| Name |
SHAWN DUNCAN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, ATTORNEY GENERAL
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-12-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-11-16
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ LaROSE, MORRIS, and BLACK
|
|
| Docket Date |
2016-11-16
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
mandamus denial/things moving
|
|
| Docket Date |
2016-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO STATUS ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2016-05-10
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
mandamus status order - 10/08
|
|
| Docket Date |
2016-04-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-04-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2016-04-11
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FEES WAIVED AS TO A 3.850 -(duplicate from lower tribunal filed on 4/18/16).
|
| On Behalf Of |
SHAWN DUNCAN
|
|
|
