Preview
Filing #40197062 E-Filed 04/13/2016 10:38:26 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
STATE OF FLORIDA
STATE OF FLORIDA,
Petitioner, CASE NO. 2016-CA-2323-O
Vv. LOWER CASE NO. 2015-MM,001196-W
MICHAEL WESLEY KENNEDY
Defendant.
/
AMENDED PETITION FOR WRIT OF MANDAMUS OR FOR|OTHER
EXTRAORDINARY RELIEF PURSUANT TO FLORIDA RULE OF
APPELLATE PROCEDURE 9. 030(c)(3)
COMES NOW, the State of Florida, by and through the undersigned
Assistant State Attorney, pursuant to Florida Rules of Appellate Procedure
9.030(c)(3) and 9.100(e), and hereby petitions the Circuit Court of the Ninth
Judicial Circuit to issue a writ of mandamus or an order for extraordinary relief to
compel the Honorable Deb Blechman, Orange County Court Judge, to issue a
written order memorializing her granting of the Defendant’s Motion to Suppress
Confessions, Statements and Admissions in the Orange County Court Clase of State
of Florida v. Michael Wesley Kennedy, lower tribunal case number 2015-MM-
001196-W.
BASIS FOR INVOKING JURISDCITION
1. This Circuit Court has jurisdiction pursuant to Florida Rules of Appellate
Procedure 9.030(c)(3).
2. Mandamus is the proper remedy because a trial court has a duty to issue a
written ruling on motions so that they may be reviewed by other courts of
appropriate jurisdictions. See State v. Sullivan, 640 So. 2d 77, 78 (Fla. 4d DCA
1994), cited with approval in Samuel v. State, 133 So. 3d 608 (Fla. 1st DCA 2014).
STATEMENT OF THE FACTS
3. The State of Florida filed a three count Amended Information charging
the Defendant under Florida Statutes and Florida Administrative Code relating to
the conditions under which the Defendant housed a king cobra and his failure to
immediately report the escape of that reptile. A copy of the Amended Information
is contained in the Appendix. App. 1-3.
4. The Defense Moved to Suppress Confessions, Statements and]
Admissions and that Motion was heard before the Honorable Deb Blechman on
March 4, 2016.
5. At the hearing, Judge Deb Blechman granted the Motion to Suppress
Confessions, Statements and Admissions but refused to enter a written order
memorializing same.
6. Subsequently, the State requested (in open court) a written ruling and the
Trial Court refused to provide one. A copy of the transcript of that hearing is
contained in the Appendix. App. 4- 8.
7. In fact, Judge Deb Blechman entered an order stating the
Disposition Order is sufficient. A copy of the Disposition Order and the|Order on
Defense’s Motion to Suppress Confessions, Statements and Admissions|are
contained in the Appendix. App. 9-13.
8. The State filed a Notice of Appeal on March 11, 2016.
THE NATURE OF THE RELIEF SOUGHT
9, Pursuant to Florida Rules of Appellate Procedure 9.100(e), the State of
Florida seeks a writ of mandamus to compel the Honorable Deb Blechman, Orange
County Court Judge, to issue a written order memorializing her Suppression of
Confessions, Statements and Admissions.
ARGUMENT
10. A trial court is not free to refuse to rule, even on a meritless, successive
motion. Gorge v. State, 712 So. 2d 440 (Fla. 3rd DCA 1988). Florida law as
announced by the Florida Supreme Court, is clear that “ . . .a signed court status
form does not constitute a final, appealable order under the Florida Rules of
Appellate Procedure.” State v. Wagner, 863 So. 2d 1224 (Fla. 2004).
11. A writ of mandamus is the appropriate remedy when a court refuses to
enter a written order. State v. Sullivan, 640 So. 2d 77, 78 (Fla. 2d DCA 11994) (“In
closing, we again remind counsel that “[a] trial court’s order is not appéalable
until it is rendered. Rendition does not occur until the order has been reduced to
writing and filed with the clerk.”); Billie v. State, 473 So. 2d 34, 34-35 (Fla. 2d
DCA 1985). ' Ifa trial court fails or refuses to enter a written order that is needed
for an appeal, counsel has the remedy of filing a motion or a petition for writ of
mandamus with this court to compel the trial court to enter such an order. Steve v.
Bolick, 512 So. 2d 960 n. 1 (Fla. 2d DCA 1987).
12. The Trial Court failed to enter a written order as requested, thereby
failing to comply with Florida Rule of Appellate Procedure 9. 020(i).
13. Without a written order, the State cannot successfully appeallor
otherwise seek review of the ruling. The order entered by the lower court does not
satisfy the requirement of an order under settled law. App 9-13; See pp [1-2 above.
14. Ifthe State is forced to trial without the suppressed and excluded
evidence, the State will be deprived of a fair trial and will have no opportunity to
seek review. The State will be irreparably harmed and will be deprived] of any
remedy whatsoever.
15. Therefore, it is necessary for the State to appeal the Trial Court’s ruling
immediately and that cannot be accomplished without a written order.
16. The State has no other method of obtaining a written order ffom the
Trial Court.
' The circuit court decision relied on by the County Court in refusing to issue a written order and expressly declining
to follow Billie, a DCA opinion which is binding authority, is found at App. 11-13.
4
CONCLUSION
17. For all the forgoing reasons, the State of Florida hereby petitions this
Honorable Court to issue a writ of mandamus or grant other extraordinary relief to
compel the Honorable Deb Blechman, to issue a written order memorializing her
suppression of confessions, statements and admissions in the Orange County Court
Case of State of Florida v. Michael Wesley Kennedy, lower tribunal cas¢ number
2015-MM-001196-W.
CERTIFICATION
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to the Honorable Judge Deb Blechman, 425 North Orange Avenue,
Orlando, FL 32801, and N. Fleetwood Tilden, Esq., 147 East Lyman “) enue, Suite
C, Winter Park, FL 32789: ftnftlaw@embarqmail.com on this / 3 *t day of
April, 2016.
L.A]
Carol Tevin Reis
Assistant State Attorney
Florida Bar #501034
415 N. Orange Avenue, Suite 20
P.O. Box 1673
Orlando, FL 32801
(407) 836-2406
creiss@sao9.org
CERTIFICATE OF COMPLIANCE
I HEREBY CERTIFY that this Petition for Writ of Mandamus or
extraordinary relief conforms to the formatting requirements of Florida Rules of
Appellate Procedure 9.100(1).
Respectfully submitted,
CeO GX
Carol Levin Reiss
Assistant State Attorney
415 N. Orange Avenue, Suite 200
P.O. Box 1673
Orlando, Fl. 32801
(407) 836-2406
creiss@sao9.org
Preview
Filing #40197062 E-Filed 04/13/2016 10:38:26 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT STATE OF FLORIDA STATE OF FLORIDA, Petitioner, CASE NO. 2016-CA-2323-O Vv. LOWER CASE NO. 2015-MM,001196-W MICHAEL WESLEY KENNEDY Defendant. / AMENDED PETITION FOR WRIT OF MANDAMUS OR FOR|OTHER EXTRAORDINARY RELIEF PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9. 030(c)(3) COMES NOW, the State of Florida, by and through the undersigned Assistant State Attorney, pursuant to Florida Rules of Appellate Procedure 9.030(c)(3) and 9.100(e), and hereby petitions the Circuit Court of the Ninth Judicial Circuit to issue a writ of mandamus or an order for extraordinary relief to compel the Honorable Deb Blechman, Orange County Court Judge, to issue a written order memorializing her granting of the Defendant’s Motion to Suppress Confessions, Statements and Admissions in the Orange County Court Clase of State of Florida v. Michael Wesley Kennedy, lower tribunal case number 2015-MM- 001196-W. BASIS FOR INVOKING JURISDCITION 1. This Circuit Court has jurisdiction pursuant to Florida Rules of Appellate Procedure 9.030(c)(3). 2. Mandamus is the proper remedy because a trial court has a duty to issue a written ruling on motions so that they may be reviewed by other courts of appropriate jurisdictions. See State v. Sullivan, 640 So. 2d 77, 78 (Fla. 4d DCA 1994), cited with approval in Samuel v. State, 133 So. 3d 608 (Fla. 1st DCA 2014). STATEMENT OF THE FACTS 3. The State of Florida filed a three count Amended Information charging the Defendant under Florida Statutes and Florida Administrative Code relating to the conditions under which the Defendant housed a king cobra and his failure to immediately report the escape of that reptile. A copy of the Amended Information is contained in the Appendix. App. 1-3. 4. The Defense Moved to Suppress Confessions, Statements and] Admissions and that Motion was heard before the Honorable Deb Blechman on March 4, 2016. 5. At the hearing, Judge Deb Blechman granted the Motion to Suppress Confessions, Statements and Admissions but refused to enter a written order memorializing same. 6. Subsequently, the State requested (in open court) a written ruling and the Trial Court refused to provide one. A copy of the transcript of that hearing is contained in the Appendix. App. 4- 8. 7. In fact, Judge Deb Blechman entered an order stating the Disposition Order is sufficient. A copy of the Disposition Order and the|Order on Defense’s Motion to Suppress Confessions, Statements and Admissions|are contained in the Appendix. App. 9-13. 8. The State filed a Notice of Appeal on March 11, 2016. THE NATURE OF THE RELIEF SOUGHT 9, Pursuant to Florida Rules of Appellate Procedure 9.100(e), the State of Florida seeks a writ of mandamus to compel the Honorable Deb Blechman, Orange County Court Judge, to issue a written order memorializing her Suppression of Confessions, Statements and Admissions. ARGUMENT 10. A trial court is not free to refuse to rule, even on a meritless, successive motion. Gorge v. State, 712 So. 2d 440 (Fla. 3rd DCA 1988). Florida law as announced by the Florida Supreme Court, is clear that “ . . .a signed court status form does not constitute a final, appealable order under the Florida Rules of Appellate Procedure.” State v. Wagner, 863 So. 2d 1224 (Fla. 2004). 11. A writ of mandamus is the appropriate remedy when a court refuses to enter a written order. State v. Sullivan, 640 So. 2d 77, 78 (Fla. 2d DCA 11994) (“In closing, we again remind counsel that “[a] trial court’s order is not appéalable until it is rendered. Rendition does not occur until the order has been reduced to writing and filed with the clerk.”); Billie v. State, 473 So. 2d 34, 34-35 (Fla. 2d DCA 1985). ' Ifa trial court fails or refuses to enter a written order that is needed for an appeal, counsel has the remedy of filing a motion or a petition for writ of mandamus with this court to compel the trial court to enter such an order. Steve v. Bolick, 512 So. 2d 960 n. 1 (Fla. 2d DCA 1987). 12. The Trial Court failed to enter a written order as requested, thereby failing to comply with Florida Rule of Appellate Procedure 9. 020(i). 13. Without a written order, the State cannot successfully appeallor otherwise seek review of the ruling. The order entered by the lower court does not satisfy the requirement of an order under settled law. App 9-13; See pp [1-2 above. 14. Ifthe State is forced to trial without the suppressed and excluded evidence, the State will be deprived of a fair trial and will have no opportunity to seek review. The State will be irreparably harmed and will be deprived] of any remedy whatsoever. 15. Therefore, it is necessary for the State to appeal the Trial Court’s ruling immediately and that cannot be accomplished without a written order. 16. The State has no other method of obtaining a written order ffom the Trial Court. ' The circuit court decision relied on by the County Court in refusing to issue a written order and expressly declining to follow Billie, a DCA opinion which is binding authority, is found at App. 11-13. 4 CONCLUSION 17. For all the forgoing reasons, the State of Florida hereby petitions this Honorable Court to issue a writ of mandamus or grant other extraordinary relief to compel the Honorable Deb Blechman, to issue a written order memorializing her suppression of confessions, statements and admissions in the Orange County Court Case of State of Florida v. Michael Wesley Kennedy, lower tribunal cas¢ number 2015-MM-001196-W. CERTIFICATION I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Honorable Judge Deb Blechman, 425 North Orange Avenue, Orlando, FL 32801, and N. Fleetwood Tilden, Esq., 147 East Lyman “) enue, Suite C, Winter Park, FL 32789: ftnftlaw@embarqmail.com on this / 3 *t day of April, 2016. L.A] Carol Tevin Reis Assistant State Attorney Florida Bar #501034 415 N. Orange Avenue, Suite 20 P.O. Box 1673 Orlando, FL 32801 (407) 836-2406 creiss@sao9.org CERTIFICATE OF COMPLIANCE I HEREBY CERTIFY that this Petition for Writ of Mandamus or extraordinary relief conforms to the formatting requirements of Florida Rules of Appellate Procedure 9.100(1). Respectfully submitted, CeO GX Carol Levin Reiss Assistant State Attorney 415 N. Orange Avenue, Suite 200 P.O. Box 1673 Orlando, Fl. 32801 (407) 836-2406 creiss@sao9.org