|
CHARLES JOHNSON VS STATE OF FLORIDA
|
5D2018-2750
|
2018-08-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Habeas Corpus Denial
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Marion County
2017-CF-3092-A-Z
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Office of the Attorney General, Rebecca Rock McGuigan
|
|
| Name |
Hon. Anthony Michael Tatti
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Marion
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-16
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2019-04-16
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2019-03-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-03-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2019-03-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO 3/4 ORDER; "APPEAL BRIEF"; ENVELOPE 3/11/19
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2019-03-04
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ AA W/IN 15 DAYS- WHY NOT DISMISS
|
|
| Docket Date |
2019-01-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-12-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ SERVED 12/18/18
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2018-12-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO 11/29 ORDER; SERVED 12/5/18
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2018-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ IB W/IN 15 DAYS
|
|
| Docket Date |
2018-11-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2018-11-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal ~ W/DRAWN PER 12/10 ORDER
|
|
| Docket Date |
2018-11-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA W/IN 15 DAYS FILE AMEND RESPONSE
|
|
| Docket Date |
2018-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 10/29 ORDER; STRICKEN PER 11/8
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2018-10-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
SHOW CAUSE - NO BRIEF (CRIMINAL APPEAL) ~ AA W/IN 15 DAYS
|
|
| Docket Date |
2018-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 32 PAGES
|
| On Behalf Of |
Clerk Marion
|
|
| Docket Date |
2018-09-21
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ SERVED 9/17
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2018-09-13
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
ORD-Amended Order ~ AS TO 8/28 ORDER TO FILE AMENDED NOA; W/IN 15 DAYS
|
|
| Docket Date |
2018-08-28
|
| Type |
Order
|
| Subtype |
Order Expediting Case
|
| Description |
EXP. SUB. APPEAL DOC.-HC APPEA
|
|
| Docket Date |
2018-08-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-From Circuit Court/Agency
|
|
| Docket Date |
2018-08-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2018-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ MAILBOX 8/22/18
|
| On Behalf Of |
CHARLES JOHNSON
|
|
|
|
CHARLES JOHNSON VS JULIE L. JONES, ETC.
|
SC2017-0578
|
2017-03-30
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Habeas Corpus
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
1D03-2928
Circuit Court for the Second Judicial Circuit, Leon County
371984CF000510AXXXXX
Circuit Court for the Second Judicial Circuit, Leon County
371984CF000279BXXXXX
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Julie L. Jones, etc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mr. Kenneth Scott Steely
|
|
| Name |
Hon. Gwen Marshall
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Jon S. Wheeler
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-12
|
| Type |
Disposition
|
| Subtype |
Rehearing/Reinst Stricken (Unauthorized)
|
| Description |
DISP-REHEARING/REINST STRICKEN (UNAUTHORIZED) ~ Petitioner's "Petition for Leave to File Common Law Rehearing and Rehearing En Banc Based on a Substantial Exception of Law to Wit: An Objective Proof of Manifest-Miscarriage of Justice on Face of Court's Records" and "Motion to Respond to Court Order" have collectively been treated as a Motion for Rehearing, and pursuant to this Court's order dated June 19, 2017, said motion is hereby stricken as unauthorized.
|
|
| Docket Date |
2017-07-11
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
MOTION-REHEARING ~ Filed as "Petition for Leave to File Common Law Rehearing and Rehearing En Banc Based on a Substantial Exception of Law to Wit: An Objective Proof of Manifest-Miscarriage of Justice on Face of Court's Records" - Stricken 7/12/2017 as unauthorized.
|
| On Behalf Of |
CHARLES JOHNSON
|
| View |
View File
|
|
| Docket Date |
2017-06-19
|
| Type |
Disposition
|
| Subtype |
Deny as Procedurally Barred
|
| Description |
DISP-DENY AS PROCEDURALLY BARRED ~ The petition for writ of habeas corpus is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues that were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 290 (Fla. 2000); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992). No rehearing will be entertained by this Court.
|
|
| Docket Date |
2017-04-03
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required ~ HABEAS CORPUS
|
|
| Docket Date |
2017-04-03
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2017-03-30
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-HABEAS CORPUS
|
| On Behalf Of |
CHARLES JOHNSON
|
| View |
View File
|
|
| Docket Date |
2017-03-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
4D2016-2883
|
2016-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312013CF000897A
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JAMES W. MCINTIRE, SHARI VROD, Public Defender-P.B.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Kimberly T. Acuna
|
|
| Name |
Hon. Robert L. Pegg
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-05-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR CHARLES JOHNSON
|
|
| Docket Date |
2018-01-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-01-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-12-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **AMENDED** 273 PAGES
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's September 28, 2017 motion to serve an amended initial brief is granted.
|
|
| Docket Date |
2017-09-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***MOTION GRANTED 9/29/17***
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-09-28
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ ***AMENDED***
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-09-27
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **PROPOSED** **SEE 2ND AMENDED BRIEF FILED 09/28/2017***
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellee's September 27, 2017 notice of confidential information within court filing, the clerk of the lower tribunal shall, within ten (10) days from the date of this order, file an amended record on appeal and transcript which protects the confidential information described in the appellee's notice.
|
|
| Docket Date |
2017-09-27
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ ***SEE AMENDED MOTION FILED 09/28/2017***
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 10/10/17
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2017-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 8/11/17
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2017-05-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-05-17
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ "SUPPLEMENTAL RECORD PER 4/21/17 ORDER" (20 PAGES)
|
|
| Docket Date |
2017-04-21
|
| 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 April 19, 2017 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 thirty (30) days after the supplemental record is received.
|
|
| Docket Date |
2017-04-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-03-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR CHARLES JOHNSON
|
|
| Docket Date |
2017-03-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 6 PAGES
|
|
| Docket Date |
2017-03-08
|
| 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, and the time for preparation and service of the transcript is extended fifteen (15) days from the date of this order. 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.).
|
|
| Docket Date |
2017-03-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for EOT to File Court Reporter Note
|
|
| Docket Date |
2017-02-14
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender-P.B.
|
|
| Docket Date |
2017-02-02
|
| 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, 2017 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 thirty (30) days after the supplemental record is received.
|
|
| Docket Date |
2017-02-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-01-24
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
**DNU** ORD-LT Insolvency or Indigency ~ PD19
|
|
| Docket Date |
2017-01-06
|
| 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 January 5, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-01-05
|
| 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 |
CHARLES JOHNSON
|
|
| Docket Date |
2016-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Appointment of Counsel
|
| Description |
Deny Appointment of Counsel ~ ORDERED that appellant's December 5, 2016 request to assign appointed appellate counsel is denied without prejudice to file a motion for appointment of counsel in the trial court.
|
|
| Docket Date |
2016-12-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed December 12, 2016, this court's November 16, 2016 order to show cause is discharged; further,ORDERED that 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2016-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **DISCHARGED 12/13/16.**
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-12-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion for Appointment of Counsel
|
| Description |
Motion for Appointment of Counsel
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-12-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 30, 2016 response to order to show cause is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that the certificate of service is incomplete. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the Attorney General's Office with a copy of everything you file with this court. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2016-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **STRICKEN 12/1/16**
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-11-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 21, 2016 motion for appointment of counsel is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that the certificate of service is incomplete. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the Attorney General's Office with a copy of everything you file with this court. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2016-11-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion for Appointment of Counsel
|
| Description |
Motion for Appointment of Counsel ~ **STRICKEN 11/22/16**
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-11-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 28, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 252 PAGES **CONFIDENTIAL**
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2016-09-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2016-09-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF APPLICATION FOR INDIGENT STATUS (ORIGINAL SENT TO L.T.)
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-08-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-08-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se criminal appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court.If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the Clerk of the Circuit Court within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
4D2016-2840
|
2016-08-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562007CF001396A
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Public Defender-P.B., Peggy Natale, Public Defender-S.L.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Hon. Melanie Dale Surber
|
|
| Name |
Hon. James W. McCann
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-12-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-12-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Opinion Disposing of a Motion (See Opinion) Grant
|
|
| Docket Date |
2017-10-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-10-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Granting Rehearing ~ ORDERED that appellee's motion for rehearing/clarification is granted. Within thirty (30) days of this order, Appellee shall file an answer brief. Within twenty (20) days of service of the answer brief, Appellant may file a reply brief. Issuance of the mandate shall be stayed pending this court's review of the briefs.
|
|
| Docket Date |
2017-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR REHEARING/CLARIFICATION
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-08-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ /CLARIFICATION
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-08-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ **WITHDRAWN SEE 12/6/17 OPINION**
|
|
| Docket Date |
2017-05-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ ORDERED that appellee's April 6, 2017 motion for clarification is granted. Florida Rule of Appellate Procedure 9.141(b)(2) applies, and no brief is required. See Bolden v. State, 875 So. 2d 780, 782 (Fla. 2d DCA 2004) ("an appeal from a final order denying a motion for the return of property under these circumstances proceeds much like a postconviction appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2).").
|
|
| Docket Date |
2017-04-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ /REDESIGNATE
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-03-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2017-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 03/28/17
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 01/27/17
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-10-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1223 PAGES)
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2016-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ Upon receipt of the clerk's determination of indigency, the above-styled appeal is reinstated.
|
|
| Docket Date |
2016-10-13
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2016-10-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-10-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2016-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se criminal appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court.If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the Clerk of the Circuit Court within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-08-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2016-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES JOHNSON
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
4D2016-2668
|
2016-08-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562007CF001396A
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Public Defender-S.L., Public Defender-P.B.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Hon. Melanie Dale Surber
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-09
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the order on defendant¿s motion to strike improper imposition of restitution, fines, fees, cost and additional charges from the legacy case fees is a timely and appealable order. Appellant shall attach a conformed copy of the order on appeal to this jurisdictional statement. This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2016-09-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-09-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of appellant's August 19, 2016 and appellee's August 29, 2016 responses to this court's August 9, 2016 order, it is ORDERED that this appeal is dismissed as untimely. The order appealed was rendered on July 1, 2016, and the notice of appeal was not filed until August 2, 2016.CIKLIN, C.J., LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2016-09-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Letter ~ FROM THE CLERK OF THE CIRCUIT COURT STATING THAT APPELLANT HAS BEEN APPROVED FOR APPOINTMENT OF THE PUBLIC DEFENDER.
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-08-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT REGARDING THE BASIS OF THIS COURT'S JRUISDICTION.
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2016-08-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THIS COURT'S 8/9/16 RE: BASIS OF JURISDICTION.
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-08-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se criminal appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court.If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the Clerk of the Circuit Court within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-08-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
4D2016-2015
|
2016-06-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312013CF000897A
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B.
|
|
| Name |
Hon. Cynthia L. Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-10-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-09-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-06-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-06-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
| Docket Date |
2016-06-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
4D2016-1262
|
2016-04-15
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312013CF000897A
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Cynthia L. Comras
|
|
| Name |
Hon. Robert L. Pegg
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Elizabeth Metzger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-24
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Clerk
|
|
| Docket Date |
2016-08-05
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
**DNU** ORD-From Circuit Court ~ COMMISSIONER'S REPORT.
|
|
| Docket Date |
2016-07-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
**DNU** ORD-From Circuit Court ~ APPOINTING COMMISSIONER
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order Appointing Commissioner
|
| Description |
ORD-Appoint Circuit Judge as Commissioner ~ ORDERED that the Chief Judge of the 19th 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 petitioner was misadvised about his right to appeal or if he was otherwise prevented from timely filing a notice of appeal due to circumstances beyond petitioner¿s control. 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.
|
|
| Docket Date |
2016-05-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2016-05-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2016-05-11
|
| 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 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.
|
|
| Docket Date |
2016-05-04
|
| Type |
Petition
|
| Subtype |
Petition Belated Appeal
|
| Description |
Petition for Belated Appeal ~ (AMENDED)
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-04-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within twenty (20) days of service 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).
|
|
| Docket Date |
2016-04-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Belated Appeal / Acknowledgment letter
|
|
| Docket Date |
2016-04-18
|
| Type |
Petition
|
| Subtype |
Petition Belated Appeal
|
| Description |
Petition for Belated Appeal
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-04-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF7:No Fee- Belated Appeal
|
|
| Docket Date |
2016-04-15
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2016-08-24
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
ORD-Grant HC Belated Appeal-Plenary Appeal ~ ORDERED that the petition for belated appeal is granted. In accordance with Florida Rule of Appellate Procedure 9.141(c)(6)(D), this order shall be filed with the lower tribunal and treated as the notice of appeal of the judgment and sentence entered on July 23, 2015 in Lower Tribunal case number 312013CF000897A. Upon receipt, the clerk of the lower court shall certify a copy of this order to this court. Fla. R. App. P. 9.040(g). The appeal shall proceed under a new case number, which shall be assigned upon receipt in this court of the certified order. All time requirements of the Florida Rules of Appellate Procedure shall run from the date of this order. If the petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
SC2015-1091
|
2015-06-10
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
371984CF000510A00100
Circuit Court for the Second Judicial Circuit, Leon County
1D15-691
Circuit Court for the Second Judicial Circuit, Leon County
371984CF000279B00100
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Trisha Meggs Pate
|
|
| Name |
HON. BOB INZER, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Jon S. Wheeler
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-09
|
| Type |
Disposition
|
| Subtype |
Rehearing/Reinst Stricken (Unauthorized)
|
| Description |
DISP-REHEARING/REINST STRICKEN (UNAUTHORIZED) ~ (RC) Pursuant to this Court's order dated June 12, 2015, the Motion for Rehearing is hereby stricken as unauthorized.
|
|
| Docket Date |
2015-07-02
|
| Type |
Motion
|
| Subtype |
Reinstatement
|
| Description |
MOTION-REINSTATEMENT ~ (RC) FILED AS MOTION FOR CLARIFICATION
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2015-06-12
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2015-06-12
|
| Type |
Disposition
|
| Subtype |
**DISP-REV DISM NO JURIS (WELLS)
|
| Description |
DISP-REV DISM NO JURIS (WELLS) ~ Having determined that this Court is without jurisdiction, this case is hereby dismissed. See Wells v. State, 132 So. 3d 1110 (Fla. 2014). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2015-06-12
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required ~ HABEAS BELOW
|
|
| Docket Date |
2015-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
| Docket Date |
2015-06-10
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ FILED AS A "MOTION REQUESTING LEAVE TO FILE NOTICE TO INVOKE DISCRETIONARY JURIS" & TREATED AS A NOTICE - DISCRETIONARY JURIS
|
|
|
|
CHARLES B. JOHNSON VS STATE OF FLORIDA
|
4D2011-4585
|
2011-12-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Ineffective Assistance of Appellate Counsel
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
99-10091 CF10A
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B.
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2012-02-15
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2012-01-13
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ ~ ON THE MERITS.
|
|
| Docket Date |
2012-01-13
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2011-12-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2011-12-08
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ EXHIBITS.
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2011-12-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
|
|
CHARLES JOHNSON VS STATE OF FLORIDA
|
SC2011-1930
|
2011-09-30
|
Closed
|
|
| Classification |
Original Proceedings - Writ - All Writs
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
84-279
Circuit Court for the Second Judicial Circuit, Leon County
84-510
|
Parties
| Name |
CHARLES JOHNSON, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ms. Pamela Jo Bondi
|
|
| Name |
HON. BOB INZER, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-17
|
| Type |
Event
|
| Subtype |
File Destroyed
|
| Description |
FILE DESTROYED
|
|
| Docket Date |
2012-09-11
|
| Type |
Event
|
| Subtype |
Record Center
|
| Description |
RECORD CENTER ~ C00000201335
|
|
| Docket Date |
2012-03-01
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ Petitioner's "Motion of Response to Court Order" has been treated as a motion for rehearing of the order of this Court dated November 8, 2011, and is hereby denied. In light of petitioner's failure to timely submit the filing fee or a proper motion for leave to proceed in forma pauperis in accordance with this Court's orders dated October 7, 2011, and November 8, 2011, the petition to invoke all writs jurisdiction is hereby dismissed on the Court's own motion.
|
|
| Docket Date |
2011-11-23
|
| Type |
Motion
|
| Subtype |
Rehearing on Misc Order
|
| Description |
MOTION-REHEARING ON MISC ORDER ~ FILED AS "MOTION OF RESPONSE TO COURT ORDER"
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2011-11-08
|
| Type |
Event
|
| Subtype |
Fee Due $300, but not billed
|
| Description |
Fee Due $300, but not billed ~ PS Charles Johnson 046455 BY: PS Charles Johnson 046455
|
|
| Docket Date |
2011-11-08
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE-PRISONER CIVIL ~ Petitioner's "Motion of Response/Clarification to Court Order" is being treated as a motion for clarification. So treated, the motion is granted. The Court clarifies that, even if section 57.085, Florida Statutes, does not apply to collateral criminal proceedings, section 57.081, Florida Statutes, does. See Schmidt v. Crusoe, 878 So. 2d 361, 367 n.7 (Fla. 2003); Schmidt v. McDonough, 951 So. 2d 797, 801-02 (Fla. 2006). Petitioner is therefore allowed to and including December 8, 2011, in which to submit the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis. See § 57.082, Fla. Stat. The petition will not be submitted to the Court until receipt of either the fee or the motion. Failure to submit one or the other to this Court could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2011-10-28
|
| Type |
Motion
|
| Subtype |
Rehearing on Misc Order
|
| Description |
MOTION-REHEARING ON MISC ORDER ~ DATED 10/07/2011
|
| On Behalf Of |
CHARLES JOHNSON
|
|
| Docket Date |
2011-10-07
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Petition to Invoke All Writs Jurisdiction; however, said petition was not accompanied by the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis as required by Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing the petition. Petitioner is allowed to and including November 7, 2011, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis. The petition will not be submitted to the Court until receipt of the above. Failure to submit the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2011-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
D3:Fee Due $300, but not billed
|
|
| Docket Date |
2011-09-30
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-ALL WRITS
|
| On Behalf Of |
CHARLES JOHNSON
|
|
|
