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Howard Hamilton, Appellant(s) v. State of Florida, Appellee(s).
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2D2024-2047
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2024-08-29
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Open
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| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2003-CF-2903
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Parties
| Name |
HOWARD HAMILTON INC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
David Campbell
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|
| Name |
Hon. Frederick Peter Mercurio
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Hon. Peter A. Dubensky
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Manatee Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-09-18
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Howard Hamilton
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| Docket Date |
2024-09-11
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| Type |
Notice
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| Subtype |
Notice of Filing No Answer Brief
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| Description |
Notice of Filing No Answer Brief
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| On Behalf Of |
State of Florida
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|
| Docket Date |
2024-08-30
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal not certified.
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| Docket Date |
2024-08-30
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Miscellaneous Trial Court Document
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| Docket Date |
2024-08-30
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| Type |
Order
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| Subtype |
Summary Appeals
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| Description |
This will proceed as a summary postconviction appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Appellant is not obligated to submit a brief. An optional brief, should Appellant choose to file one, must be served within thirty days of the date of this order.
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| View |
View File
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| Docket Date |
2024-08-30
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-08-29
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
SUMMARY REDACATED
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| On Behalf Of |
Manatee Clerk
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| Docket Date |
2024-08-29
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| On Behalf Of |
Howard Hamilton
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| Docket Date |
2024-12-27
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
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| View |
View File
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HOWARD HAMILTON VS STATE OF FLORIDA
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2D2023-1470
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2023-07-12
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Closed
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| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2003-CF-2903
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Parties
| Name |
HOWARD HAMILTON INC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Attorney General, Tampa, DAVID CAMPBELL, A.A.G.
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|
| Name |
HON. FREDERICK P. MERCURIO
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
MANATEE CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-11-13
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| Type |
Order
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| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
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| Description |
Case Initiated After Time Expired-Capital
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| Docket Date |
2023-10-31
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2023-10-31
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2023-10-04
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2023-07-31
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Appellant Brief on Merits
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| On Behalf Of |
HOWARD HAMILTON
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| Docket Date |
2023-07-19
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| Type |
Notice
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| Subtype |
Notice of Filing No Answer Brief
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| Description |
Letter - A.G. will not be filing a brief
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| On Behalf Of |
STATE OF FLORIDA
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| Docket Date |
2023-07-13
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2023-07-13
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| Type |
Order
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| Subtype |
Summary Appeals
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| Description |
set up as summary; brief advice ~ This will proceed as a summary appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Appellant is not obligated to submit a brief. An optional brief, should appellant choose to file one, must be served within thirty days.
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| Docket Date |
2023-07-12
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ SUMMARY REDACTED MERCURIO
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| On Behalf Of |
MANATEE CLERK
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| Docket Date |
2023-07-12
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
HOWARD HAMILTON
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| Docket Date |
2023-07-12
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF1:No Fee-3.850
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HOWARD LEE HAMILTON VS STATE OF FLORIDA
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2D2021-0983
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2021-04-06
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Closed
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| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2003-CF-2903
|
Parties
| Name |
HOWARD HAMILTON INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Attorney General, Tampa, C. SUZANNE BECHARD, A.A.G.
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|
| Name |
HON. FREDERICK P. MERCURIO
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
MANATEE CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-09-23
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| Type |
Order
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| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
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| Description |
Case Initiated After Time Expired-Capital
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| Docket Date |
2021-09-14
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2021-08-20
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Citation
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| Docket Date |
2021-05-12
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Deny Miscellaneous Motion-79a ~ The Acknowledgment of New Case issued April 6, 2021, states that this appeal is a summary postconviction appeal. Florida Rule of Appellate Procedure 9.141(b)(2)(A) specifies what documents are to comprise a record for a summary appeal. This court received from the clerk of the circuit court for Manatee County on April 6, 2021, a summary record complying with this rule.On April 26, 2021, this court received from appellant a Motion “for the Court to take Judicial Notice” and a Motion for an Order “directing the Clerk of the Court of County of Manatee the State of Florida to Complete the Record on Appeal” which requested documents and transcripts beyond what is outlined by rule 9.141(b)(2)(A). Together these Motions are being considered as a motion to supplement the summary record. However, rule 9.141(b)(2)(A) does not authorize appellant to file such motions in a summary postconviction appeal.The role of this court under Florida Rule of Appellate Procedure 9.141(b)(2)(D) is to determine whether or not the circuit court orders under judicial review including the records relied upon by the circuit court conclusively show that appellant is not entitled to relief. It is not the role of this court under the rule to create an alternative record beyond what rule 9.141(b)(2)(A) specifies and provide this to appellant.Appellant has not established in the motion to supplement that the requested documents and transcripts are necessary for this court to fulfill its responsibilities under the law. Accordingly, appellant’s Motion “for the Court to take Judicial Notice” and Motion for an Order “directing the Clerk of the Court of County of Manatee the State of Florida to Complete the Record on Appeal” together treated as a motion to supplement the record are denied.
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| Docket Date |
2021-04-26
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| Type |
Motions Other
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| Subtype |
Motion/Request for Judicial Notice
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| Description |
Motion for Judicial Notice
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| On Behalf Of |
HOWARD HAMILTON
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| Docket Date |
2021-04-13
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER ~ Appellant may file an optional initial brief which complies with Florida Rule of Appellate Procedure 9.210(a) and (b) within 60 days from the date of this order.
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| Docket Date |
2021-04-08
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| Type |
Notice
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| Subtype |
Notice of Filing No Answer Brief
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| Description |
Letter - A.G. will not be filing a brief
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| On Behalf Of |
STATE OF FLORIDA
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|
| Docket Date |
2021-04-06
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ REDACTED
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| Docket Date |
2021-04-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2021-04-06
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF2:No Fee-3.800
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| Docket Date |
2021-04-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
HOWARD HAMILTON
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HOWARD LEE HAMILTON VS STATE OF FLORIDA
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2D2012-6267
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2012-12-18
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Closed
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| 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
03-CF-2903
|
Parties
| Name |
HOWARD HAMILTON INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
|
| Status |
Active
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| Representations |
ATTORNEY GENERAL
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| Name |
MANATEE CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2013-10-10
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2013-09-13
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2013-01-16
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| Type |
Notice
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| Subtype |
Notice of Filing No Answer Brief
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| Description |
Letter - A.G. will not be filing a brief
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| Docket Date |
2012-12-18
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
HOWARD HAMILTON
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| Docket Date |
2012-12-18
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF1:No Fee-3.850
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| Docket Date |
2012-12-14
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Appellant Brief on Merits
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| On Behalf Of |
HOWARD HAMILTON
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