Misty's Supreme Court Filing SC10-1989

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
 
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.
 
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.
 
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

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.
 
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.
 
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.)
 
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?
 
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.
 
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!
 
I was told that it is not uncommon to house someone in a prison instead of county jail if they were awaiting sentencing, if the jail is overcrowded. Since she was convicted and sentenced in SJC already, but still waiting for sentencing in PC, then keeping her in jail in SJC would not make much sense, and it's possible that PC is overcrowded at the moment.
 
Has anyone seen the actual document in this filing? I went to the website, but it doesn't let you open the document.

TIA
 
Since Misty's SC filing lists all of her charges, I am thinking she is appealing the actual charges. Seems to me that Misty would have had a better chance in this regard if she had pled Not Guilty as charged. She pled Not Guilty initially, but then changed that plea to Nolo, which means she decided not to contest the charges. So, to come back now and contest the charges seems a bit odd, IMO.

When a defendant pleads NOLO or GUILTY, they lose a lot of appeal options. One can appeal in such cases, but they rarely win. IMO, Ron is the player with the least options--he pled Guilty as charged. He will have little to no recourse now for any type of relief. The others have more of a chance on appeal, but not nearly as much as if they had pled Not Guilty and fought the charges from the beginning.

Hope might stand a chance on appeal based on inadequate counsel given she is claiming she did not understand the process at the time but the court clearly asked Hope if she understood and she said YES, so she may have to prove she suffered some kind of diminished capacity at the time.

We have to keep in mind, however, that in an appeal situation the defendant has the responsibility of proving all the claims made in their appeal. All our players pled Not Guilty initially, except Hope--she pled Nolo right away on the advice of her attorney, IIRC. Possibly Hope might have a chance on appeal, but I am not sure the others will. However, winning an appeal does not automatically reverse things; it just sets the stage for a new hearing. The players are on tape committing the crimes and even if one or more gets a new trial they would still be convicted.

The only hope I see for Misty and the others at this point is if their cases are remanded to the court and the court is willing to compromise. There has been no evidence of compromise to date but as these issues drag on and on, it might come into play.

This, of course, is all JMO.
 
To me, Misty pleaded NOLO to the charges but does not like the sentence. However the sentence is within the guidelines.

I do not see any appeal against the sentence working.

What Misty needs to do is go against the sentencing guidelines and seek to get them changed, if possible ... only then can she catch a break on her sentence. IMO
 
Cyberborg, I tend to agree with you. The only question I have pertains to when she filed this SC appeal. It was initially filed prior to her being sentenced on any of her charges in either county. That tells me she might have been appealing the charge itself.

But then it was withdrawn and re-filed. Possibly after the sentencing in St. Johns, Misty regrouped and decided to fight the sentence rather than the charge? That might be the reason for the withdrawal and re-filing.

No, she has no recourse on the sentence as it is within the law for her charge. However, as a first-time offender the Supreme Court might look at Misty as deserving of a lesser sentence by way of Youthful Offender provisions. Although, I am not sure it would be the Supreme Court that would have jurisdiction over that. One would think the appeals court would...but I do not know a lot about the appeals process.

I do not think Misty has much of a chance as the laws stand for now, but there remains the possibility that her age and first-offender status could be a consideration. It could depend on how other young first-timers have been treated in Florida courts and if her attorney can effectively site such cases.
 
Nothing new in the FLSC, but Misty finally has a case showing up in Florida 5th District Court of Appeal, which is where it belongs. I'm still puzzled over a case being filed in the FLSC before review in a lower court.


[FONT=Verdana, Arial, Helvetica, sans-serif]lorida Fifth District Court of Appeal Docket [/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif] [/FONT] Case Docket

Case Number: 5D10-3883

Final Criminal Judgment and Sentence Notice from St. Johns County

MISTY JANETTE CROSLIN CUMMINGS vs. STATE OF FLORIDA


Lower Tribunal Case(s): 10-141-CFMA

Date Docketed Description Date Due Filed By Notes
11/10/2010
Notice of Appeal Filed Appellant
11/10/2010
LT CRT ORD O/INDG & APP O/CNSL
11/17/2010
Court Reporter Ack. Letter AMENDED
 
Misty's appeal filed with the Florida 5th District Court of Appeal is for the charge in SJC. Misty's county court docket in SJC has her appeal listed as well.

The habeas corpus petition filed with the Florida Supreme Court involves all 8 of her drug trafficking charges as it is stated on the top of the docket which can be found on the Florida Supreme Court website.

Lower Tribunal Case(s): 2009-10138CF, 2009-10139CF, 2009-10140CF, 2009-10141CF, 2009-10142CF, 2009-10251CF, 2009-10252CF, 2010-00141CF

I have been doing some reading and it is my understanding the lower court does not handle the habeas corpus filings. It goes right to the state.
 
Thank you, twall...this is starting to make a bit more sense now.

It appears as though Misty has filed with the Supreme Court regarding her charges. She has also filed an appeal in District Court on the one charge she has been sentenced on so far. What I don't understand is why Misty pleaded No Contest to original charges if she believed she was not appropriately charged. A No Contest plea usually means the accused agrees with the charge and thus is not questioning it.

Of all the players, the only one to get a reduced charge is Donna. Her original charge was exactly the same as Misty's in St. Johns. Donna's charge was reduced in exchange for her pleading No Contest, but none of the others got this consideration. But even Donna is appealing, so this is all looking more and more like a typical process.
 
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 wd hat is going on.
Jack white is a supreme court clerk. I have seen the reports. and have seen info about who Jack White is, I will try to find the link.
 
RE:Jack White I have not found the link where it shows the report RE:Misty but if you google = JackWhite/Florida/court it will bring you to a site that talks about who he is.
 

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