KEVIN PHILLIPS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Aumiller v. State, 988 So. 2d 1239 (Fla. 5th DCA 2008)
  …(Fla. 5th DCA 1987). “While we are loath to interfere with a trial judge’s management of his or her docket, we are concerned that the failure to rule” on Aumiller’s motion impairs his right of access to the courts and due process. Johnson v. State, 938 So. 2d 639, 640 (Fla. 5th DCA 2006). We recognize that the circuit court has an enormous caseload, but we also believe that an unreasonable [*1240] delay has ensued in the consideration of Aumiller’s postconviction motion. Accordingly, we direct the judge to…
• Fletcher v. State, 973 So. 2d 666 (Fla. 3d DCA 2008)
  …S, Judge. The defendant seeks a petition for writ of mandamus, compelling the lower court to hold a hearing and to rule on his post-conviction motion filed almost nineteen months ago. We grant the petition and issue the writ. See Johnson v. State, 938 So. 2d 639, 640 (Fla. 5th DCA 2006) (“Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time.”). The defendant filed a post-conviction motion under Florida Rule of Criminal Procedure 3.850 on July 13, 2006. The trial co…
• Scotty Santos Diaz v. State, 1 So. 3d 337 (Fla. 5th DCA 2009)
  …65 (Fla. 5th DCA 1987). While we are loath to interfere with a trial judge’s management of his or her docket, we are concerned that the failure to rule on Diaz’s motion impairs his right of access to the courts and due process. See Johnson v. State, 938 So. 2d 639, 640 (Fla. 5th DCA 2006). We recognize that the circuit court has an enormous caseload. However, we believe that an unreasonable delay has ensued in the consideration of Diaz’s motion. Accordingly, we direct the judge to whom this matter is assign…