| Classification |
Original Proceedings - Circuit Criminal - Habeas Corpus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
19-014652CF10A
|
Parties
| Name |
JEREMY ATKINS INC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joseph P. Klock, Hilton Napoleon
|
|
| Name |
Gregory Tony, as Sheriff
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kimberly T. Acuna, William T. Sinclair, Harold Fernandez Pryor, Jr., Attorney General-W.P.B.
|
|
| Name |
Hon. Tim Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that, upon review of the state’s response to the June 7, 2022 order to show cause and the petitioner’s reply, the state’s July 8, 2022 motion to strike the reply is denied. Further, ORDERED that the Court rejects petitioner’s contention in the reply that the state submitted a packet of materials to the lower court ex parte.
|
|
| Docket Date |
2022-07-25
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2022-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATE'S MOTION TO STRIKE
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-07-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-07-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-06-27
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-06-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2022-06-07
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of habeas corpus should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-06-06
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-05-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Stricken**
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-05-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of habeas corpus is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not filed separately from the pleading to which it applies, was not filed as one document, was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-05-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Habeas Corpus / Acknowledgment letter
|
|
| Docket Date |
2022-05-16
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-05-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
| Docket Date |
2022-07-25
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response and reply to this Court’s order to show cause, the petition is granted, and the court’s order denying the defendant’s motion to set bond is quashed. The record shows that the court may not have applied the correct standard when it stated that “I’m not saying the State has proven the case against these guys beyond a reasonable doubt.” Elderbroom v. Knowles, 621 So. 2d 518, 520 (Fla. 4th DCA 1993) (“[T]he state is held to a degree of proof greater than that required to establish guilt beyond a reasonable doubt.”). The court shall rule on the motion to set bond applying the proper standard. This Court admonishes petitioner’s counsel for the reply’s unprofessional use of inflammatory rhetoric, which is unnecessary and not helpful to this Court’s decision-making process.CIKLIN, GERBER and CONNER, JJ., concur.
|
|
| Docket Date |
2022-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ SUPPLEMENTAL APPENDIX TO PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
Jeremy Atkins
|
|
| Docket Date |
2022-05-25
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
Order Requiring Supplemental Appendix ~ ORDERED that, within ten (10) days from the date of this order, petitioner shall file a supplemental appendix containing a copy of the motion to set bond at issue, any response filed below, the court’s order on the motion, and all materials considered by the court in entering its ruling.
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner’s appendix to the petition for writ of habeas corpus is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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