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BILLY LAMONT CULPEPPER v. THE STATE OF FLORIDA

Citation: Not availableDocket: 22-0406

Court: District Court of Appeal of Florida; July 20, 2022; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Billy Lamont Culpepper appealed to the Third District Court of Appeal of Florida regarding his case against the State of Florida, with the appeal filed under Florida Rule of Appellate Procedure 9.141(b)(2). The appeal originated from the Circuit Court for Miami-Dade County, presided over by Judge Carmen Cabarga. Culpepper represented himself in this matter, while the State was represented by Attorney General Ashley Moody and Chief Assistant Attorney General Michael W. Mervine. The court, consisting of Judges Lindsey, Hendon, and Lobree, affirmed the lower court's decision. The opinion was filed on July 20, 2022, and is not considered final until any timely filed motion for rehearing is resolved.

Legal Issues Addressed

Affirmation of Lower Court's Decision

Application: The appellate court affirmed the decision of the Circuit Court for Miami-Dade County, which indicates that the lower court's ruling was upheld.

Reasoning: The court, consisting of Judges Lindsey, Hendon, and Lobree, affirmed the lower court's decision.

Appellate Procedure under Florida Rule 9.141(b)(2)

Application: The appeal was filed in accordance with Florida Rule of Appellate Procedure 9.141(b)(2), governing certain post-conviction proceedings.

Reasoning: Billy Lamont Culpepper appealed to the Third District Court of Appeal of Florida regarding his case against the State of Florida, with the appeal filed under Florida Rule of Appellate Procedure 9.141(b)(2).

Non-Finality of Opinion Pending Rehearing

Application: The opinion is not considered final until any timely filed motion for rehearing is resolved, which allows for the possibility of further review.

Reasoning: The opinion was filed on July 20, 2022, and is not considered final until any timely filed motion for rehearing is resolved.

Pro Se Representation

Application: The appellant, Billy Lamont Culpepper, represented himself in the appeal process against the State of Florida.

Reasoning: Culpepper represented himself in this matter, while the State was represented by Attorney General Ashley Moody and Chief Assistant Attorney General Michael W. Mervine.