State changes its mind on dismissal in case pending at Florida Supreme Court.

Yesterday, the State filed a Motion to Dismiss the Petition pending in Leonard Gonzalez's case, in which the State had previously opposed Gonzalez's Notice of Voluntary Dismissal.

As I wrote yesterday, the State had taken opposing positions on dismissal in Hertz/Looney and Gonzalez. In Gonzalez, the State opposed petitioner’s Notice of Voluntary Dismissal, arguing that the Court should decline to dismiss the petition and issue a decision on the issues, which are of statewide importance.

Then, in Hertz/Looney, in which the petitions presented similar issues, the State affirmatively sought dismissal, arguing that the matter was not appropriately presented to the Court. As yesterday’s post explained, the State’s filings were difficult to reconcile.

Yesterday, the State filed a motion to dismiss in Gonzalez, arguing that the issues are “best addressed in a post-trial direct appeal,” as the State argued in its motions to dismiss Hertz and Looney.

The State’s motion in Gonzalez is an about-face on its position of whether the matter should stay before the Court. The reason for the change is unclear, and the State’s motion does not address its change of heart.

To recap, here’s how the filings at the Supreme Court of Florida have unfolded in Hertz/Looney and Gonzalez:

• May 23: Petition for Writ of Prohibition; Petition for Writ of Certiorari filed in Gonzalez

• June 8: State filed its Response to the Petition in Gonzalez

• June 13: Gonzalez filed a Notice of Voluntary Dismissal

• June 14: State filed an Objection to Gonzalez’s Notice of Voluntary Dismissal

• June 16: Gonzalez filed his Response to State’s Objection to Voluntary Dismissal

• June 18:

  • Petitions for Writ of Prohibition filed in Hertz/Looney

  • Emergency Motions to Stay Resentencing filed in Hertz/Looney

• June 19:

  • State responds to Emergency Motions to Stay Resentencing filed in Hertz/Looney

  • Court grants Emergency Motions to Stay Resentencing in Hertz/Looney

  • State replied to Gonzalez’s response to the State’s Objection

  *On the same day, the State made two filings presenting opposite arguments on dismissal.

• June 22: Gonzalez filed a Motion to Amend the Petition in Lieu of Voluntary Dismissal (filed while the Notice of Voluntary Dismissal was pending)

• June 29:

  • State files Motions to Dismiss the Petition in Hertz/Looney

• June 30: State files Motion to Dismiss the Petition in Gonzalez

NOTE: All of the filings are publicly available on the Florida Supreme Court website.

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Prior TFDP Coverage on this Litigation

• Florida Supreme Court stays two Hurst resentencing proceedings in Wakulla County

• State takes opposing positions on whether the Florida Supreme Court should review new statute.