| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Granting Rehearing ~ ORDERED that Petitioner's May 15 and 26, 2023 filings are treated as a motion for rehearing. The motion is granted. This Court's May 1, 2023 order denying the petition is vacated. Petitioner's May 26, 2023 reply is accepted. Further, ORDERED that, having considered the State's response and Petitioner's reply, the Chief Judge of the Nineteenth Judicial Circuit is directed to appoint a circuit judge as commissioner with directions to make findings of fact as to whether petitioner timely requested counsel to file a notice of appeal or whether circumstances outside Petitioner’s control interfered with his ability to timely appeal. Fla. R. App. P. 9.141(c)(4)(F). The commissioner shall provide a recommendation as to whether a belated appeal should be granted. The commissioner shall file a report and recommendation in this court no later than sixty (60) days from the date of this order. No transcript shall be filed unless required by further order. The parties shall have ten (10) days from receipt of the report to file objections in this court to the commissioner’s findings of fact. If no objections are filed within the time allowed, the commissioner’s findings and recommendation will be adopted by this court.
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|
| Docket Date |
2023-12-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Status Report
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2023-12-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
State of Florida
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|
| Docket Date |
2024-01-11
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that, having considered Petitioner's January 2, 2024 objection, this Court adopts the findings and recommendation in the commissioner's December 1, 2023 report. The petition for belated appeal is denied. Denial is without prejudice for Petitioner to seek postconviction relief through a timely and sufficient Florida Rule of Criminal Procedure 3.850 motion. Ali v. State, 359 So. 3d 356, 358 (Fla. 4th DCA 2023).
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| View |
View File
|
|
| Docket Date |
2024-01-02
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to the Commissioner's Report
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|
| Docket Date |
2023-12-06
|
| Type |
Letter
|
| Subtype |
Notice of Inquiry Response
|
| Description |
Notice of Inquiry Response
|
| View |
View File
|
|
| Docket Date |
2023-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Inquiry
|
| Description |
Notice of Inquiry
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-10-02
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that, having considered the State's September 26, 2023 status report, the State shall file another status report within sixty (60) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Status Report
|
|
| Docket Date |
2023-09-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2023-09-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
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|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that, within thirty (30) days from the date of this order, the State shall file a report regarding the status of the proceedings before the commissioner.
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|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-07-05
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ORDER APPOINTING COMMISSIONER
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|
| Docket Date |
2023-05-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **SEE 06/23/2023 ORDER**
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-05-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **SEE 06/23/2023 ORDER** MOTION TO ACCEPT REPLY AS TIMELY FILED
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| On Behalf Of |
Paul A. Davis
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|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that petitioner's May 15, 2023 correspondence is treated as a motion for rehearing and is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service. You are notified of the requirement to serve the Attorney General’s Office with a copy of everything you file with this court and to indicate in the certificate of service that you served the Attorney General’s Office at the address below. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Petitioner may re-file the document with a proper certificate of service which indicates service on the Attorney General’s Office within fifteen (15) days from the date of this order.
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|
| Docket Date |
2023-05-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ **SEE 06/23/2023 ORDER**
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-05-01
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ ~ **VACATED, SEE 06/23/2023 ORDER** ORDERED that, having considered the State's response, the petition for belated appeal is denied.KLINGENSMITH, C.J., KUNTZ and ARTAU, JJ., concur.
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|
| Docket Date |
2023-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-04-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2023-04-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2023-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Belated Appeal / Acknowledgment letter ~ **AMENDED
|
|
| Docket Date |
2023-03-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why Belated Appeal not be Granted ~ ORDERED that respondent, the State of Florida, shall file a response, within twenty (20) days from the date of this order, and show cause why a belated appeal should not be granted. Petitioner may file a reply within ten (10) days of service of the response.The parties shall discuss whether it is necessary to appoint a commissioner to make factual findings.
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|
| Docket Date |
2023-03-22
|
| Type |
Petition
|
| Subtype |
Petition Belated Appeal
|
| Description |
Petition for Belated Appeal ~ (AMENDED)
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-03-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition for belated appeal is insufficient as it fails to specify the date that petitioner allegedly asked counsel to file a notice of appeal. Fla. R. App. P. 9.141(c)(4)(F)(i). Additionally, “a petition seeking belated appeal . . . must identify the circumstances, including names of individuals involved and date(s) of the occurrence(s), that were beyond the petitioner’s control and otherwise interfered with the petitioner’s ability to file a timely appeal.” Fla. R. App. P. 9.141(c)(4)(F)(ii). Within twenty (20) days from the date of this order petitioner, shall file an amended petition that is properly sworn and which contains all the information required by Florida Rule of Appellate Procedure 9.141(c)(4).
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|
| Docket Date |
2023-02-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Belated Appeal / Acknowledgment letter
|
|
| Docket Date |
2023-02-24
|
| Type |
Petition
|
| Subtype |
Petition Belated Appeal
|
| Description |
Petition for Belated Appeal
|
| On Behalf Of |
Paul A. Davis
|
|
| Docket Date |
2023-02-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF7:No Fee- Belated Appeal
|
|
