| Docket Date |
2021-01-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-01-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-07-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's July 30, 2020 letter is stricken as unauthorized, as appellant has counsel.
|
|
| Docket Date |
2020-07-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Letter ~ **STRICKEN**
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2020-06-10
|
| Type |
Brief
|
| Subtype |
Supplemental Answer Brief
|
| Description |
Supplemental Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's May 6, 2020 motion for extension of time is granted. The supplemental initial brief is deemed timely filed.
|
|
| Docket Date |
2020-05-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ SUPPLEMENTAL.
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2020-05-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE SUPPLEMENTAL BRIEF.
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2020-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's April 2, 2020 motion for extension is granted, and the time for filing a supplemental brief is extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2020-04-02
|
| 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 |
James Morgan
|
|
| Docket Date |
2019-12-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-11-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-10-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ ORDERED that appellee's October 23, 2019 motion for clarification is granted. Appellee shall file the answer brief within sixty (60) days after the filing of the initial brief.
|
|
| Docket Date |
2019-10-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-10-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-10-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 15, 2019 motion for extension of time is granted, and appellant may serve the initial brief within forty-five (45) days from the date of this order.
|
|
| Docket Date |
2019-08-15
|
| 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 |
James Morgan
|
|
| Docket Date |
2019-08-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ "NOTICE OF APPEARANCE"
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-01-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (9 PAGES) 3.800(b)(2)
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2019-07-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-07-29
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-05-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2019-05-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND MOTION TO RESTART BRIEFING SCHEDULE
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Order Appointing Counsel
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2019-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Withdraw as Counsel and Remand ~ ORDERED that the Office of Criminal Conflict and Civil Regional Counsel’s May 15, 2019 "motion to withdraw as counsel and relinquish jurisdiction for appointment of conflict-free counsel and toll time for filing the initial brief" is granted, and the Office of Criminal Conflict and Civil Regional Counsel is withdrawn as counsel for appellant in the above–styled cause. Further, ORDERED that jurisdiction is relinquished to the trial court for thirty (30) days from the date of this order for the appointment of independent counsel to represent appellant in this cause. The appeal is stayed pending relinquishment. Further, ORDERED that the Office of Criminal Conflict and Civil Regional Counsel is directed to file a status report or a copy of the order entered on or before the end of the thirty (30) day period. Further, ORDERED that the Office of Criminal Conflict and Civil Regional Counsel’s May 14, 2019 "motion to restart briefing schedule and motion for extension of time to file initial brief” is determined to be moot.
|
|
| Docket Date |
2019-05-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ AND RELINQUISH JURISDICTION FOR APPOINTMENT OF CONFLICT-FREE COUNSEL AND TOLL TIME FOR FILING OF INITIAL BRIEF
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-05-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO RESTART BRIEFING SCHEDULE AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
W/draw as counsel; Appt OCCRC ~ ORDERED that the March 27, 2019 Motion to Withdraw and Motion to Appoint the Office of Criminal Conflict and Civil Regional Counsel as Appellate Counsel is granted. The Public Defender for the 15th Judicial Circuit is withdrawn as counsel for appellant, James Morgan, in the above-styled appeal. The Office of Criminal Conflict and Civil Regional Counsel shall enter an appearance in this court within ten (10) days from the date of this order.
|
|
| Docket Date |
2019-03-27
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ FOR CONFLICT OF INTEREST AND TO APPOINT REGIONAL CONFLICT COUNSEL
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-03-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUBSTITUTION OF COUNSELWITHIN THE SAME OFFICE
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's February 22, 2019 motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2019-02-22
|
| 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 |
James Morgan
|
|
| Docket Date |
2019-02-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1976 PAGES)
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2019-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's February 1, 2019 motion to supplement the record and toll time is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
| Docket Date |
2019-02-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2019-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPOINTING COUNSEL.
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2018-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2018-12-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/26/19.
|
|
| Docket Date |
2018-11-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/26/18.
|
|
| Docket Date |
2018-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2018-10-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/24/18.
|
|
| Docket Date |
2018-10-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2018-10-02
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender-P.B.
|
|
| Docket Date |
2018-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2018-09-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CONFIDENTIAL** (174 PAGES)
|
|
| Docket Date |
2018-07-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2018-06-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-06-19
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2018-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2021-02-11
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Order Per Section 16(b)(10)b., Fla. Const. - Time Expired ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital 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 time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.
|
|
| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the Court determines that the brief filed in support of the motion to withdraw in this case is insufficient. See Anders v. California, 386 U.S. 738 (1967); McCoy v. Court of Appeals Wisconsin, Dist.1, 486 U.S. 429 (1988). An Anders brief prepared by counsel in connection with a trial must include a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced on appeal and a reference to anything in the record that might arguably support the appeal. This evaluation should include but not be limited to the following and should be supported by specific citations to the record: a) an objective discussion of the evidence at resentencing; b) any pre-hearing motions; c) reference to where objections were made by either party; the nature of the objections; the trial court’s ruling, and why the court’s ruling was correct or why appellant was not harmed by the ruling of the court; The Anders brief fails to discuss all of the objections raised at resentencing, the defendant’s motion to preclude expert evaluation, or the defendant’s motion in limine. Within thirty (30) days of this order, counsel shall file a supplemental brief addressing all the factors above and referring “to every arguable legal point in the record that might support an appeal.” In re Anders Briefs, 581 So. 2d 149, 151 (Fla. 1991). “The Anders brief must evidence a complete and careful review of the record in order to support counsel’s representation that the appeal is wholly frivolous.” In re Order of First Dist. Court of Appeal Regarding Brief Filed in Forrester v. State, 556 So. 2d 1114, 1116 (Fla. 1990). Alternatively, counsel may file an initial brief. If counsel is unable or unwilling to fulfill her duties under Anders, as ordered by this Court, counsel will be discharged and substitute counsel shall be appointed by the trial court.
|
|
| Docket Date |
2019-08-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Respond to Motion to Withdraw ~ It appearing that the Public Defender, Fifteenth Judicial Circuit, has filed a Motion to Withdraw together with a memorandum brief asserting no arguable merit in this case, it is upon consideration:ORDERED that the appellant may, within thirty (30) days, if he or she wishes to do so, file with this court an additional brief calling the court's attention to any matters that he or she feels should be considered in connection with the appeal in this cause, and shall at the same time cause a copy of said brief to be served on the attorney for appellee, which is the Office of the Attorney General, 1515 North Flagler Drive, Suite 900, West Palm Beach, Florida, 33401, and further,ORDERED that appellee shall have ten (10) days from the date of this order to respond to the Motion to Withdraw and thirty (30) days after service of pro se appellant's brief to file any responsive brief.
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years. The notice of appeal was filed on June 19, 2018 and the two year deadline to complete the appeal is June 19, 2020. This court determines that granting the full relief requested in the appellant’s May 30, 2019 motion would have been appropriate if the appeal had just been filed. However, in light of the particular procedural history of this case, it is ORDERED that appellant's May 30, 2019 “motion to restart briefing schedule and motion for extension of time to file initial brief” is granted in part. The briefing schedule is restarted. Appellant shall file the initial brief within sixty (60) days from the date that counsel was appointed. Appellee shall file the answer brief within sixty (60) days from service of the initial brief. Appellant may file the reply brief, if any, within twenty (20) days from service of the answer brief. The parties are permitted to file motions for extensions of time to file the briefs in situations of extenuating circumstances. Motions for extensions of time asserting heavy caseloads or deadlines in other cases are strongly discouraged. Further, agreed notices of extensions of time will not be accepted for extensions of time. Any additional motions filed will not toll the running of the briefing schedule without leave of court. The court recognizes and understands that due to the unique circumstances surrounding both this case and counsel for appellant, the deadline indicated by this order for the initial brief may not be able to be complied with by currently appointed conflict-free counsel. The court notes that if counsel believes it to be appropriate, then she may file a "motion to withdraw as counsel and relinquish jurisdiction for appointment of conflict-free counsel and toll time for filing the initial brief” in which the case can be remanded back to the trial court so that new conflict-free counsel can be appointed.
|
|
| Docket Date |
2019-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
James Morgan
|
|
| Docket Date |
2018-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted in part, and the time for preparation and service of the transcript is extended thirty (30) days only. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
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