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  1. #16
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    http://www.lawserver.com/law/state/f..._vi_chapter_79

    Florida statute about this linked directly above.

    She's saying (through her lawyer that her constitutional rights were violated?).

    http://www.lectlaw.com/def/h001.htm
    A bit technical but can be skimmed to get the gist.

    This is a general form for the writ:

    http://www.uscourts.gov/uscourts/For...orms/AO241.pdf


    From what I can tell it makes no difference on how she pled or if she was convicted. She is asserting that her constitutional rights were violated (haven't seen what was filed so we don't know which one exactly have been named by amendment).

    She wants out is all I can tell. JMHO (not a lawyer or work in the legal field so I will defer to any of those that do that come and post after me).
    JMHO.
    "Three things in human life are important: The first is to be kind; the second is to be kind; and the third is to be kind." ~ Henry James

  2. #17
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    This case drives me nuts,so I haven't been here in awhile.Can someone remind me how LE obtained the video of the drug deal that got Misty and Ron charged? Did LE get a warrant and place a video cam in the car? Or an informant? Was there an undercover cop in the drug deal?
    Thanks
    Always ,just my opinion





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  3. #18
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    Quote Originally Posted by MissJames View Post
    This case drives me nuts,so I haven't been here in awhile.Can someone remind me how LE obtained the video of the drug deal that got Misty and Ron charged? Did LE get a warrant and place a video cam in the car? Or an informant? Was there an undercover cop in the drug deal?
    Thanks
    It was an undercover operation.

    Here is a link to the PCSO press release on it.

    http://pcso.us/2010-1-20-a
    "IT TAKES A LOT BIGGER MAN TO STAND UP AND ADMIT HIS MISTAKES THAN TO HIDE BEHIND A LIE"
    WHY WON'T ANYONE STAND UP FOR HALEIGH??!! WHY?? TELL THE TRUTH!!
    HALEIGH DESERVES IT!!

  4. #19
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    Quote Originally Posted by Lanie View Post
    I wonder if this is the 'Jack White' filing the writ?


    http://www.lanierlawfirm.com/attorneys/jack_l_white.htm
    I don't think so. I posted this in the other thread last week. Jack F. White, Jr. was the attorney of record in several appeals cases I found from the 60's and 70's. He's listed as ineligible in the Florida Bar directory, which might mean he no longer practices due to his age.

    Jack F. White, III comes up in google searches, but he's not listed as a member of the Florida Bar.
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  5. #20
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    Quote Originally Posted by Kat View Post
    http://www.lawserver.com/law/state/f..._vi_chapter_79

    Florida statute about this linked directly above.

    She's saying (through her lawyer that her constitutional rights were violated?).

    http://www.lectlaw.com/def/h001.htm
    A bit technical but can be skimmed to get the gist.

    This is a general form for the writ:

    http://www.uscourts.gov/uscourts/For...orms/AO241.pdf


    From what I can tell it makes no difference on how she pled or if she was convicted. She is asserting that her constitutional rights were violated (haven't seen what was filed so we don't know which one exactly have been named by amendment).

    She wants out is all I can tell. JMHO (not a lawyer or work in the legal field so I will defer to any of those that do that come and post after me).
    JMHO.
    You're right, Kat. The writ means only that Misty is making a claim that her constitutional rights have been violated. I've chosen not to speculate because there are so many possibilities, but I am keeping an eye on the FLSC site for a brief to be posted.
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  6. #21
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    Quote Originally Posted by bessie View Post
    I don't think so. I posted this in the other thread last week. Jack F. White, Jr. was the attorney of record in several appeals cases I found from the 60's and 70's. He's listed as ineligible in the Florida Bar directory, which might mean he no longer practices due to his age.

    Jack F. White, III comes up in google searches, but he's not listed as a member of the Florida Bar.
    I don't know what other thread you're referring to. Is there more info that gives his middle initial? My guy is Jack L. White.

    TIA

  7. #22
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    I have read a few of the opinions of the SC on similar filings. I am starting to think this is just a formality--something that is typically done after a person receives a harsh sentence.

    Maybe Misty qualified for YO status and they are arguing for that? I would understand this filing if Misty's case had gone through other processes at district court level first and had those appeals denied. That's when one usually takes their case to a higher court. Another thing I don't really understand is that this filing includes the Putnam charges...which Misty has not been sentenced on yet.

    Violation of constitutional rights in Misty's case might include being held in lockdown rather than general population (at St. Johns). IDK, just guessing, but I am leaning toward this filing being just a formality. Most often these appeals are denied but occasionally an inmate prevails. I can't blame Misty for trying.

  8. #23
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    Quote Originally Posted by Lanie View Post
    I don't know what other thread you're referring to. Is there more info that gives his middle initial? My guy is Jack L. White.

    TIA
    Sorry, Lanie. I didn't mean to be unclear. I was referring to the Updates/Court Info thread in this forum.

    The docket reads "Jack White", no middle initial. I searched Florida attorneys named Jack White and came up with Jack F. White, Jr. from St Pete in the bar directory and in pleadings from several old Florida appeals cases, which made me think he might be the guy. But, I also found an attorney named Jack F. White, III in Florida.
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  9. #24
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    This is Jack White who's name is on the Supreme Court Docket of Misty's

    http://jweb.flcourts.org/pls/docket/ds_docket_search%20

    Search FSC case number SC10-1989


    Jack L. White, Supreme Court Clerk

    http://www.onbeingablacklawyer.com/?p=1301

    His job duties:

    The Office of the Clerk is responsible for maintaining all case files and tracking the progress of all cases through the Supreme Court.

    http://www.floridasupremecourt.org/clerk/index.shtml


    His affiliation with the NAACP and ACLU are just who he is and what he believes in. Doesn't mean anything for Misty and her charges or sentencing. JMO

    Correct me if I'm wrong.
    Last edited by Dr. Know?; 11-02-2010 at 10:06 PM. Reason: added link

  10. #25
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    Quote Originally Posted by Dr. Know? View Post
    This is Jack White who's name is on the Supreme Court Docket of Misty's

    http://jweb.flcourts.org/pls/docket/ds_docket_search%20

    Search FSC case number SC10-1989


    Jack L. White, Supreme Court Clerk

    http://www.onbeingablacklawyer.com/?p=1301

    His job duties:

    The Office of the Clerk is responsible for maintaining all case files and tracking the progress of all cases through the Supreme Court.

    http://www.floridasupremecourt.org/clerk/index.shtml


    His affiliation with the NAACP and ACLU are just who he is and what he believes in. Doesn't mean anything for Misty and her charges or sentencing. JMO

    Correct me if I'm wrong.
    He was a law clerk for United States Supreme Court Justice Sam Alito. Presently, he is an attorney with the Lanier Law Firm, which has offices in L.A., Houston, Palo Alto, and N.Y. I don't see a connection to Florida or the Florida Supreme Court.

    On the docket, in the box under "Filed By", an attorney's name appears followed by his or her bar number. Sometimes it will read "Jane Doe" BY: Joe Blow" where Joe Blow is the attorney, and Jane Doe is (usually) a paralegal, legal secretary, or clerk for Joe Blow. Joe issues the pleading, and Jane brings it to the courthouse and files it with the clerk's office.

    Misty's FLSC docket reads: "Jack White BY: Jack White". Jack filled out the petition form, wrote a letter to go along with it, and brought it to the courthouse. There is no bar number behind Jack's name. He might or might not be an attorney. Regardless, he is not a member of the Florida bar.

    It should also be noted that one need not be an attorney to file a writ of habeas corpus or any other petition or court pleading. As Americans, we all have the right to be our own legal counsel.

    Anyway, I looked at the docket again, and I don't see where the writ was filed again after the "Notice of Voluntary Dismissal" on October 15th. It seems he wrote a follow-up letter, probably an explanation for the withdrawal, and attached it to a copy of the original writ.

    This looks like a non-issue, though I can't be certain.
    Last edited by bessie; 11-02-2010 at 11:42 PM.
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  11. #26
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    Smile

    Quote Originally Posted by bessie View Post
    He was a law clerk for United States Supreme Court Justice Sam Alito. Presently, he is an attorney with the Lanier Law Firm, which has offices in L.A., Houston, Palo Alto, and N.Y. I don't see a connection to Florida or the Florida Supreme Court.

    On the docket, in the box under "Filed By", an attorney's name appears followed by his or her bar number. Sometimes it will read "Jane Doe" BY: Joe Blow" where Joe Blow is the attorney, and Jane Doe is (usually) a paralegal, legal secretary, or clerk for Joe Blow. Joe issues the pleading, and Jane brings it to the courthouse and files it with the clerk's office.

    Misty's FLSC docket reads: "Jack White BY: Jack White". Jack filled out the petition form, wrote a letter to go along with it, and brought it to the courthouse. There is no bar number behind Jack's name. He might or might not be an attorney. Regardless, he is not a member of the Florida bar.

    It should also be noted that one need not be an attorney to file a writ of habeas corpus or any other petition or court pleading. As Americans, we all have the right to be our own legal counsel.

    Anyway, I looked at the docket again, and I don't see where the writ was filed again after the "Notice of Voluntary Dismissal" on October 15th. It seems he wrote a follow-up letter, probably an explanation for the withdrawal, and attached it to a copy of the original writ.

    This looks like a non-issue, though I can't be certain.
    Thanks Bessie! You make sense. Only thing I had right was it looks like a non issue (possibly.)

  12. #27
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    Quote Originally Posted by bessie View Post
    He was a law clerk for United States Supreme Court Justice Sam Alito. Presently, he is an attorney with the Lanier Law Firm, which has offices in L.A., Houston, Palo Alto, and N.Y. I don't see a connection to Florida or the Florida Supreme Court.

    On the docket, in the box under "Filed By", an attorney's name appears followed by his or her bar number. Sometimes it will read "Jane Doe" BY: Joe Blow" where Joe Blow is the attorney, and Jane Doe is (usually) a paralegal, legal secretary, or clerk for Joe Blow. Joe issues the pleading, and Jane brings it to the courthouse and files it with the clerk's office.

    Misty's FLSC docket reads: "Jack White BY: Jack White". Jack filled out the petition form, wrote a letter to go along with it, and brought it to the courthouse. There is no bar number behind Jack's name. He might or might not be an attorney. Regardless, he is not a member of the Florida bar.

    It should also be noted that one need not be an attorney to file a writ of habeas corpus or any other petition or court pleading. As Americans, we all have the right to be our own legal counsel.

    Anyway, I looked at the docket again, and I don't see where the writ was filed again after the "Notice of Voluntary Dismissal" on October 15th. It seems he wrote a follow-up letter, probably an explanation for the withdrawal, and attached it to a copy of the original writ.

    This looks like a non-issue, though I can't be certain.
    BBM

    I'm trying hard to understand this. What I don't get is if it wasn't filed again, why would it be necessary to file a correction and/or add something on a filing you had withdrawn?

  13. #28
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    Quote Originally Posted by Lanie View Post
    BBM

    I'm trying hard to understand this. What I don't get is if it wasn't filed again, why would it be necessary to file a correction and/or add something on a filing you had withdrawn?
    I was just going to post the same thing!

    I am wondering if Jack White is some nobody off the street inserting himself into Misty's case to "save her" from the wrath of corruption. (insert eyeroll here)

    He is not well versed in filing legal documents with the court so they are being rejected. He is having to do do-overs of the docs. That would explain all the supplements/amendments/letters/withdrawl/dismissal etc. filed with the court. JMO

    I am going to look around the net to try and find if the documents are available anywhere online for public viewing. Viewing the documents would be a tremendous help to those that are trying to understand what is going on.
    "IT TAKES A LOT BIGGER MAN TO STAND UP AND ADMIT HIS MISTAKES THAN TO HIDE BEHIND A LIE"
    WHY WON'T ANYONE STAND UP FOR HALEIGH??!! WHY?? TELL THE TRUTH!!
    HALEIGH DESERVES IT!!

  14. #29
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    Quote Originally Posted by twall View Post
    I was just going to post the same thing!

    I am wondering if Jack White is some nobody off the street inserting himself into Misty's case to "save her" from the wrath of corruption. (insert eyeroll here)

    He is not well versed in filing legal documents with the court so they are being rejected. He is having to do do-overs of the docs. That would explain all the supplements/amendments/letters/withdrawl/dismissal etc. filed with the court. JMO

    I am going to look around the net to try and find if the documents are available anywhere online for public viewing. Viewing the documents would be a tremendous help to those that are trying to understand what is going on.
    BBM

    LOL! I know what you mean. The way I understand it, and I could be wrong, is I could file this if I so chose, as long as it met the standards. The Jack L White that came up when I googled the name is an attorney and all that, but with his credentials, what would he be doing in this case? As Bessie pointed out, his firm has offices in several cities, but none in Florida.

    I also don't see how it could have anything to do with the sentencing hearing, since the beginning predates it, and am at a loss to figure out what else could be involved. Misty didn't plead not guilty, she pled 'no contest', so how could she possibly be incarcerated illegally?

    I hope you find something else on this. I don't know why it has caught my interest the way it has, but now I just REALLY WANT TO KNOW, dangit!

  15. #30
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    Jack is jack. jmo.

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