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United States Court Cases

Florida Fourth District Court Of Appeals

KEVIN TYRELL BEACH vs 17TH JUDICIAL CIRCUIT COURT et al

Date Docketed Description Filed By Notes
08/10/2021 Petition Habeas Corpus Kevin Tyrell Beach
08/10/2021 Appendix to Petition
08/10/2021 Habeas Corpus / Acknowledgment letter
08/16/2021 ORD-Sua Sponte Dismissal **VACATED** ORDERED that the pro se petition for writ of habeas corpus is dismissed as unauthorized because petitioner is represented by counsel. Logan v. State, 846 So. 2d 472 (Fla. 2003). This court recently dismissed two other pro se petitions in case numbers 4D21-546 and 4D21-663. Petitioner is cautioned that abusive, repetitive, malicious, and/or frivolous filing may result in sanctions, such as a bar on pro se filing in this court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). CONNER, C.J., WARNER and MAY, JJ., concur.
08/16/2021 Dismissed - Order by Judge
08/17/2021 Motion/Request for Judicial Notice Kevin Tyrell Beach
08/17/2021 Response Kevin Tyrell Beach
08/19/2021 Motion For Rehearing Kevin Tyrell Beach
08/19/2021 ORD-To File Response ORDERED that within ten (10) days of the date of this order Attorney George Reres shall file a response to the petitioner’s August 17, 2021 Motion to Preserve Evidence: Judicial Notice- Verified Faretta Inquiry and Motion to Preserve Evidence: Judicial Notice- 90.203 and inform this court whether he is representing petitioner in 18002120MM20A or whether he was appointed only as standby counsel.
08/20/2021 Miscellaneous Motion Kevin Tyrell Beach MOTION TO VACATE COURT ORDER
08/24/2021 Response George Edward Reres 0357170
08/31/2021 Miscellaneous Order ORDERED that petitioner’s August 19, 2021 motion for rehearing is granted in part, and this court’s August 16, 2021 order dismissing the pro se petition for writ of habeas corpus is vacated. Further, ORDERED that the State shall file a response to petitioner’s August 10, 2021 Petition for Writ of Habeas Corpus and Redress/Relief for Injury/Grievances Deemed Necessary and Proper within twenty (20) days and show cause why the petition should not be granted. The State shall limit its response to petitioner’s arguments that retrial is barred by double jeopardy. The State shall also file an appendix which includes a complete transcript of the hearing if it contends petitioner consented to a mistrial. Petitioner may file a reply within ten (10) days of service of the response. Further, ORDERED that petitioner’s August 20, 2021, motion to vacate court order is denied as moot.
09/03/2021 Response to Order to Show Cause Paul Patti 0111691
09/03/2021 Appendix to Response Paul Patti 0111691
09/03/2021 Notice of Filing Paul Patti 0111691
09/03/2021 Received Records Paul Patti 0111691 (In compliance with 8/31/21 order)
09/03/2021 Transcript Received Paul Patti 0111691 (In compliance with 8/31/21 order)
09/08/2021 Reply to Response Kevin Tyrell Beach
09/24/2021 ORD-Stricken as Unauthorized ORDERED that petitioner’s August 17, 2021 request for judicial notice is stricken as unauthorized.
09/24/2021 Order Denying Petition for Writ - Habeas ORDERED that the relief sought in petitioner’s August 10, 2021 petition for writ of habeas corpus is denied. Further, ORDERED that the State’s request for sanctions in its response to the petition is denied. CONNER, C.J., WARNER and MAY, JJ., concur.
09/24/2021 Denied - Order by Judge
09/27/2021 Motion For Rehearing Kevin Tyrell Beach
10/20/2021 ORD-Denying Rehearing ORDERED that petitioner's September 27, 2021 motion for rehearing, written opinion, and certification is denied.
10/20/2021 Motion to vacate Kevin Tyrell Beach
10/22/2021 Order Denying Motion to Vacate ORDERED that petitioner’s October 20, 2021 motion to vacate is denied.