GUILTY FL - Deborah Dalzell, 47, found raped and murdered, Sarasota, 28 March 1999 *Arrest*

[Jbetty567]

There's some more dockets on the Florida 2nd District Court of Appeal Site (unfortunately you don't seem to be able to view docs):

09/28/2020 Initial Appellant Brief on Merits Clayton R. Kaeiser, Esq. 348120
09/30/2020 Notice of Appearance Jonathan P. Hurley, A.A.G. 160520
10/09/2020 Appellee Answer Brief Jonathan P. Hurley, A.A.G. 160520
03/10/2021 Affirmed - Per Curiam Affirmed

Florida District Courts of Appeal Online Docket


BBM.

Here in Florida, PCA stands for Per Curiam Affirmed, and it means that one of Florida’s intermediate District Courts of Appeal has affirmed the trial court’s decision without explanation. Instead, the opinion contains one word — “Affirmed” — and is listed as being the opinion of the entire panel per curiam, or by the Court.

So that’s what it means literally — what does it mean practically? If the District Court has issued a PCA, the appeal is most likely over.

Florida Appeals 101: What is a PCA? - The Florida Appellate Procedure Weblog by DPW Legal.

Oh this is perfect, thank you for posting!

 

[Niner]

Here's what I have last in my notes for this.


2/27/20: Case management hearing on 3/17, 4/28, 5/26, 6/16, 7/14, 8/18, 9/8, 10/27, 11/10 & 12/15/20 all at 10am. ALL cancelled.
3/22/21 Update: Appealing his case.

 

[Anonymously]

Here's what I have last in my notes for this.


2/27/20: Case management hearing on 3/17, 4/28, 5/26, 6/16, 7/14, 8/18, 9/8, 10/27, 11/10 & 12/15/20 all at 10am. ALL cancelled.
3/22/21 Update: Appealing his case.

Sorry for potentially stupid question; brand new here and interested in this case as I knew him well. Does this mean he is appealing again? Since the PCA? Is there a limit to appeals?

 

[Niner]

Sorry for potentially stupid question; brand new here and interested in this case as I knew him well. Does this mean he is appealing again? Since the PCA? Is there a limit to appeals?

How does the appeal process work in Florida?
Most appeals are started by filing a Notice of Appeal with the Clerk of the lower court or administrative agency within the time limits specified by the Florida Rules of Appellate Procedure (usually 30 days). You must also pay the necessary filing fees which are established by the State of Florida.

I believe he only gets one appeal.

 

[Jbetty567]

Sorry for potentially stupid question; brand new here and interested in this case as I knew him well. Does this mean he is appealing again? Since the PCA? Is there a limit to appeals?

As Legally Bland posted above, the trial court decision was affirmed at the appeals court level. That exhausts his appeals EXCEPT: he can appeal based on a constitutional rights violation - for example, a tainted jury etc. The only thing I'm worried about is possibly an ineffective assistance of counsel claim, based on the fact that his attorney called ZERO witnesses for the defense - a misstep in my opinion. But those cases have a very high bar - he will likely fail. It will be interesting to watch, for sure.

I don't want to pry, but I'm curious, as you said you know him, whether there were any signs that he had done something like this, or any hints that he was capable of such a heinous crime?

 

[PayrollNerd]

Edited.....
Ooops, picked up the wrong case ID.

Case Number: 2018 CF 014305 NC
https://secure.sarasotaclerk.com/CaseInfo.aspx

 

[Bbrad88]

Most recent on Sarasota clerk of courts

 

[Niner]

Most recent on Sarasota clerk of courts

So from what I understand of the attached - his appeal went thru??

 

[PayrollNerd]

No idea how to interpret what is going on but here is a clip from the Sarasota Clerk of Courts site this morning.
Case Number: 2018 CF 014305 NC
https://secure.sarasotaclerk.com/CaseInfo.aspx

 

[Bbrad88]

So from what I understand of the attached - his appeal went thru??

I am having a hard time figuring out what it means as well. It says per curium affirmed. I thought that meant the appeal was denied. Could it mean anything other than affirming the lower courts rulings?

 

[Jbetty567]

I am having a hard time figuring out what it means as well. It says per curium affirmed. I thought that meant the appeal was denied. Could it mean anything other than affirming the lower courts rulings?

I don’t believe so. He must be appealing on other grounds.

 

[Anonymously]

I don't want to pry, but I'm curious, as you said you know him, whether there were any signs that he had done something like this, or any hints that he was capable of such a heinous crime?

Absolutely none. I am as shocked as anyone could possibly be. In 1999, he was someone I knew well.

I have been trying to find out all I can since I heard about his arrest. Honestly, I am so stunned by this that my first instinctive thought when I read that DNA was narrowed down to a son of his father's was that there must be another brother because Luke? Something so horrific and brutal? Just didn't compute.

I did try to read all the rules but I'm not sure how much I can say on here in terms of personal details.

 

[PayrollNerd]

So strange. Maybe there are documents that haven't been uploaded yet.

https://secure.sarasotaclerk.com/CaseInfo.aspx
Case Number: 2018 CF 014305 NC
Docket Date Description

4/9/2021 ACTION: EMAILED TO JUDGE PADAR AND JUDGE ROBERT'S JUDICIAL ASSISTANT(S, COURT COUNSEL, & STATE ATTORNEY) - MANDATE & OPINION - AFFIRMED 2D20-0768

4/9/2021 APPEAL MANDATE & OPINION ISSUED ON APPEAL - AFFIRMED - 2D20-0768

 

[Niner]

I opened up one of the pdf files on your link - I got in by the way!!

https://secure.sarasotaclerk.com/ViewPDF.aspx

And it says all 3 judges "affirmed" his appeal - so going to say - yes, his appeal can go further....

Unless someone corrects me!

 

[Bbrad88]

I opened up one of the pdf files on your link - I got in by the way!!

https://secure.sarasotaclerk.com/ViewPDF.aspx

And it says all 3 judges "affirmed" his appeal - so going to say - yes, his appeal can go further....

Unless someone corrects me!

“Per curium affirmed” means the appellate court (2nd dca) affirms the lower courts (Sarasota county) original rulings is what I got from it.

 

[Niner]

“Per curium affirmed” means the appellate court (2nd dca) affirms the lower courts (Sarasota county) original rulings is what I got from it.

Ah! So I'm wrong - his appeal was denied? ?

 

[Bbrad88]

Ah! So I'm wrong - his appeal was denied? ?

Yes, if per curium affirmed, THAT particular appeal was denied. But I don’t think it means it’s the end of the road. He could be filing others.

 

[Jbetty567]

Yes, if per curium affirmed, THAT particular appeal was denied. But I don’t think it means it’s the end of the road. He could be filing others.

Exactly. That was his appeal of right. He can also file for other reasons under habeus corpus - for example, he can argue that his constitutional rights were violated in some way like jury tampering, a conflict of interest or ineffective assistance of counsel. I’d bet this isn’t the last we’ve seen of Luke Fleming in the legal system.

 

[Jbetty567]

Yes, if per curium affirmed, THAT particular appeal was denied. But I don’t think it means it’s the end of the road. He could be filing others.

Exactly. That was his appeal of right. He can also file for other reasons under habeus corpus - for example, he can argue that his constitutional rights were violated in some way like jury tampering, a conflict of interest or ineffective assistance of counsel. I’d bet this isn’t the last we’ve seen of Luke Fleming in the legal system.

 

[Niner]

Okay - thank you for the further explanations! Much appreciated. Want to keep my notes straight!