Court Filings

The Fifth District granted Joseph Edward Jordan’s petition for certiorari, concluding the trial court wrongly allowed the State to conduct a mental-health examination for a Hurst resentencing despite the State’s failure to give written notice within 45 days of arraignment. The court held that Florida statute §782.04(1)(b) and rule 3.181 require notice within 45 days of arraignment, and that the phrase “timely written notice” in rule 3.202 must be read to mean the statutorily mandated 45-day deadline. Because the trial court’s order conflicted with the statute and rule and would cause irreparable harm, the petition was granted.

The Fifth District Court of Appeal granted Leon N. Wiley, Jr.'s pro se petition for a belated appeal. The court treated its opinion as the notice of appeal from the February 27, 2024 order denying Wiley's motions for postconviction relief in Flagler County Circuit Court Case No. 2019-CF-000303, and directed that a copy be filed with the trial court. The petition was granted under the Florida Rule of Appellate Procedure governing belated appeals, allowing Wiley to pursue appellate review despite missing the original appeal deadline.