Updates ~ Court clerk information

[Dr. Know?]

Misty's Putnam court dockets have a new number for her appeal. The other one is 5D10-3883

snipped:

01/24/2011 76 COURT REPORTER'S ACKNOWLEDGEMENT

01/25/2011 77 ACKNOWLEDGMENT OF NOTICE OF APPEAL - NO. 5D11-242

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

http://199.242.69.70/pls/ds/ds_docket

 

[Dr. Know?]

The earlier docket 5D11-3883 is gone. This new one list 7 case numbers.

Lower Tribunal Case(s): 10-138-CF, 10-139-CF, 10-140-CF, 10-141-CF, 10-142-CF, 10-251-CF, 10-252-CF

Date Docketed Description Date Due Filed By Notes
01/24/2011 Court Reporter Ack. Letter
01/24/2011 Notice of Appeal Filed Appellant
01/24/2011 LT CRT ORD O/INDG & APP O/CNSL

 

[twall]

Both of her appeals for SJC and Putnam are on file with the Fifth District Court of Appeal

Screen shot from search I did:

 

[Dr. Know?]

Oops, I entered 5D11 on my search. There's a 5D10. Sorry. xoxoox Don't worry, we have an accountant to double check me thank goodness.

 

[cyndimb]

Tommy has new doc listings: Sure wish I could understand this
http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php[/url]

01/10/2011 88 PROCEEDINGS HAD ON 08/06/10

01/10/2011 89 PROCEEDINGS HAD ON 10/04/10

01/21/2011 90 AMENDED JUDGMENT AND SENTENCE

01/21/2011 91 CERTIFICATE OF SERVICE AS TO JUDGMENT AND SENTENCE

01/26/2011 92 INDEX TO FIRST SUPPLEMENTAL RECORD ON APPEAL -

01/26/2011 92 MAILED 01/26/2011

 

[Dr. Know?]

The appellate process. Random lawyer site picked, easy read, step by step process for filing an appeal.

http://www.flcriminalappeals.com/Appellate_Process.html

 

[krkrjx]

MOTION DENIED !

==========================

Details:

UCN: 542010CF000145XXAXMX
File Date: 01/21/2010
Judge: TERRY J LARUE
Case Status: CASE CLOSED
Defense Atty: SHOEMAKER, TERRY J
Case File Location: CRIMINAL DIVISION

Defendant: CUMMINGS, RONALD LEMYLES
Alias: No Alias Records

(snipped)

12/29/2010 60 MOTION TO CORRECT ILLEGAL SENTENCE

02/01/2011 61 ORDER DENYING MOTION TO CORRECT ILLEGAL SENTENCE

 

[Dr. Know?]

Misty's dockets now say:

01/25/2011 76 ACKNOWLEDGMENT OF NOTICE OF APPEAL - NO. 5D11-242

01/28/2011 77 ORDER TO TRANSPORT RETURNED EXECUTED

Where'd she go or where are they taking her?

 

[krkrjx]

Misty's dockets now say:

01/25/2011 76 ACKNOWLEDGMENT OF NOTICE OF APPEAL - NO. 5D11-242

01/28/2011 77 ORDER TO TRANSPORT RETURNED EXECUTED

Where'd she go or where are they taking her?

She went to court on 1/10/2011. They probably had to have an Order to Transport (though I do not see it listed yet) and now they have received it back executed. The Order is issued, then once the transport happens, it is considered Executed.

 

[Dr. Know?]

Thanks krkrjx. Sure took them long enough to update. She was transferred on the 12th of Jan. per my vinelink message.

The inmate for whom you registered, MISTY CROSLIN with offender number V36472, has returned to custody as of 1/12/2011

 

[Dr. Know?]

That entry in Putnam Court dockets coincides with Misty's appeal number 5D10-3883 update.

01/28/2011 Supplemental Records 1VOL

http://199.242.69.70/pls/ds/ds_docket

 

[Dr. Know?]

Okay, now for Tommy's appeal 5D10-3516.

12/07/2010 Motion To Relinquish Jurisdiction Appellant
12/20/2010 Court Reporter Ack. Letter
01/03/2011 Mot. for Extension of time to file Initial Brief Appellant
01/11/2011 ORD-Appellee to File Response 01/21/2011 W/I 10DAYS TO 12/7MOT
01/21/2011 RESPONSE Appellee TO 12/7MOT PER 1/11ORDER
01/27/2011 Supplemental Records 1VOL

http://199.242.69.70/pls/ds/ds_docket

From his Putnam docket:

01/21/2011 90 AMENDED JUDGMENT AND SENTENCE

01/21/2011 91 CERTIFICATE OF SERVICE AS TO JUDGMENT AND SENTENCE

I'm sure someone can explain the Motion To Relinquish Jurisdiction

I understand what the statement means, but what jurisdiction, Putnam?

 

[GER]

OOPS my bad.

 

[GER]

Doc, is that relinquishing jurisdiction thingy possibly where he's asking that it go to higher appellate court or some such? I'm guessing, truly!

 

[bessie]

Okay, now for Tommy's appeal 5D10-3516.

12/07/2010 Motion To Relinquish Jurisdiction Appellant
12/20/2010 Court Reporter Ack. Letter
01/03/2011 Mot. for Extension of time to file Initial Brief Appellant
01/11/2011 ORD-Appellee to File Response 01/21/2011 W/I 10DAYS TO 12/7MOT
01/21/2011 RESPONSE Appellee TO 12/7MOT PER 1/11ORDER
01/27/2011 Supplemental Records 1VOL

http://199.242.69.70/pls/ds/ds_docket

From his Putnam docket:

01/21/2011 90 AMENDED JUDGMENT AND SENTENCE

01/21/2011 91 CERTIFICATE OF SERVICE AS TO JUDGMENT AND SENTENCE

I'm sure someone can explain the Motion To Relinquish Jurisdiction

I understand what the statement means, but what jurisdiction, Putnam?

:seeya: Hey, Dr. K. Many thanks to you and krkrjx for keeping us up to date on the cases. Here's my best ten cent answer to your question.

TC's case is now in the jurisdiction of the district court. The motion is to relinquish jurisdiction back to the circuit court, most likely to correct an error of some sort, so the district court can then proceed with the appeal. That's the simple, basic answer. Without seeing the pleadings, naturally there's no way to know the reason for the motion.

This is a pretty straightforward explanation:

Relinquishment of Jurisdiction
Leave of the appellate court to correct clerical and other errors is typically accomplished by a motion to relinquish jurisdiction. The appellate court relinquishes jurisdiction to the trial court which is lost during the appeal.The trial court rules on the relinquished issue(s) to assist the appellate court, and the new order is given to the appellate court to be considered in the pending appeal. Relinquishment of jurisdiction is also available to address matters for which a Rule 1.530 motion was required.14

Use of the relinquishment procedure should be encouraged especially when counsel recognizes that missing findings of fact negatively impact the appellate court’s ability to decide an appellate issue. A joint motion should be received favorably by the appellate court. Unilateral motions are permitted and may legitimately expose the opposing side’s unwillingness to act reasonably and his or her motives on appeal.
http://www.floridabar.org/DIVCOM/JN...0711fc9b147dfa668525741a0064fa04?OpenDocument

And another:

A relatively rare, but sometimes vital, motion is a motion to relinquish jurisdiction to the circuit court. In direct appeals of final orders, once the notice of appeal is filed, jurisdiction vests in the district court and the circuit court is precluded from revisiting the final judgment.3 In some cases, however, a simple clarification by the circuit court might assist the appellate court in its review and contribute to judicial efficiency. For example, in some cases the trial court has entered an order that is intended to be final but lacks the “magic language” to make it so. In such a case, relinquishing jurisdiction to permit the trial court to correct the error is more efficient than dismissing the appeal and requiring the appellant to refile the notice of appeal in the future. A motion to relinquish jurisdiction may also be worthwhile when the trial court has not properly explained the reasoning for its decision and some explanation is either required by law or would assist the appellate court’s review.

http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/E739CFECFA24ECA0852572AC0057E9C3

 

[krkrjx]

:seeya: Hey, Dr. K. Many thanks to you and krkrjx for keeping us up to date on the cases. Here's my best ten cent answer to your question.

TC's case is now in the jurisdiction of the district court. The motion is to relinquish jurisdiction back to the circuit court, most likely to correct an error of some sort, so the district court can then proceed with the appeal. That's the simple, basic answer. Without seeing the pleadings, naturally there's no way to know the reason for the motion.

This is a pretty straightforward explanation:

(snipped)

A relatively rare, but sometimes vital, motion is a motion to relinquish jurisdiction to the circuit court. In direct appeals of final orders, once the notice of appeal is filed, jurisdiction vests in the district court and the circuit court is precluded from revisiting the final judgment.3 In some cases, however, a simple clarification by the circuit court might assist the appellate court in its review and contribute to judicial efficiency. For example, in some cases the trial court has entered an order that is intended to be final but lacks the “magic language” to make it so. In such a case, relinquishing jurisdiction to permit the trial court to correct the error is more efficient than dismissing the appeal and requiring the appellant to refile the notice of appeal in the future. A motion to relinquish jurisdiction may also be worthwhile when the trial court has not properly explained the reasoning for its decision and some explanation is either required by law or would assist the appellate court’s review.

http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/E739CFECFA24ECA0852572AC0057E9C3

This is probably what precipitated the "Amended Judgment and Sentence" that was posted on Tommy's docket. The amendment could be something significant or it could be just to fix a clerical error. Whatever was amended apparently had to be done prior to the appeal moving forward. But that's JMO.

 

[twall]

This is probably what precipitated the "Amended Judgment and Sentence" that was posted on Tommy's docket. The amendment could be something significant or it could be just to fix a clerical error. Whatever was amended apparently had to be done prior to the appeal moving forward. But that's JMO.

Shall we send GER on a trip to the courthouse to obtain a copy of Tommy's amended judgement and sentence? Would the answer be there? It could be a simple clerical error or (speculating) could the appellate court be questioning why Tommy did not get a deal (like some other peeps in this case) but was given a very harsh sentence for trafficking 4-14g of pills? IMO his trafficking charge could have easily been pled down to possession with intent to sell.

I find this interesting-snip from Bessie's above post-

A motion to relinquish jurisdiction may also be worthwhile when the trial court has not properly explained the reasoning for its decision and some explanation is either required by law or would assist the appellate court’s review

http://www.floridabar.org/divcom/jn/...2572AC0057E9C3

 

[krkrjx]

Shall we send GER on a trip to the courthouse to obtain a copy of Tommy's amended judgement and sentence? Would the answer be there? It could be a simple clerical error or (speculating) could the appellate court be questioning why Tommy did not get a deal (like some other peeps in this case) but was given a very harsh sentence for trafficking 4-14g of pills? IMO his trafficking charge could have easily been pled down to possession with intent to sell.

I find this interesting-snip from Bessie's above post-

A motion to relinquish jurisdiction may also be worthwhile when the trial court has not properly explained the reasoning for its decision and some explanation is either required by law or would assist the appellate court’s review

http://www.floridabar.org/divcom/jn/...2572AC0057E9C3

Yes! I would like to read the Amended judgment. (Also would like to see the order denying Ron's motion.)

Appellate court probably wanted to know why Tommy got more than his score sheet mandated in addition to 3x his minimum mandatory. As for pleading down the charges, that is so common that I will not be surprised if the appellate court questions why it was not done, but they can't rule on it unless he is actually appealing that issue.

 

[Beatrice]

Are Misty & Co. still in jail or have they been transfered to prison yet?

 

[twall]

Are Misty & Co. still in jail or have they been transfered to prison yet?

They are all in prison and have been for some months now.

Here is a link to the FL DOC site where you can search for them if you wish.

http://www.dc.state.fl.us/appcommon/searchall.asp