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Doc. Date Docketed Description Filed by Notes
Click to open document 02/07/2023 NOTICE-APPEAL (3.851 SUCCESSOR) AA Donald David Dillbeck 068610 BY: AA Baya Harrison 99568
02/07/2023 No Fee Required 3.851 Proceeding
Click to open document 02/07/2023 COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Order Denying Defendant's Fourth Successive Motion for Postconviction Relief and Motion for Stay of Execution
Click to open document 02/07/2023 ORDER-DEP WARRANT SCHEDULE ISSUED IN CASE NO. SC77752 ON 1/23/2023: Because the Governor has signed a death warrant for the execution of Donald David Dillbeck at 6:00 p.m., February 23, 2023, we direct that all further proceedings in this case be expedited. The proceedings pending in the trial court, if any, shall be completed and orders entered by 3:00 p.m., Tuesday, February 07, 2023. We hereby set the following briefing schedule for any proceeding that may come before this Court. The notice of appeal shall be filed by 10:00 a.m., Wednesday, February 08, 2023. The record on appeal shall be filed by 3:00 p.m., Wednesday, February 08, 2023. The initial brief on the merits shall be filed by 3:00 p.m., Friday, February 10, 2023. The answer brief on the merits shall be filed by 3:00 p.m., Monday, February 13, 2023. The reply brief on the merits shall be filed by 3:00 p.m., Tuesday, February 14, 2023. Oral argument, if necessary, will be scheduled at a later date. Copies of any pleadings filed by counsel in the trial court and the federal courts shall be served simultaneously with filing in the other courts to the following address: warrant@flcourts.org.
Click to open document 02/07/2023 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 02/07/2023 RECORD/TRANSCRIPT Gwen Marshall LEON BY: Gwen Marshall LEON Record on Appeal - Filed Electronically *See Corrected Record filed 2/9/2023*
Click to open document 02/07/2023 MOTION-RECORD SUPPLEMENTATION AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857 Motion to Supplement the Record
Click to open document 02/08/2023 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) Appellant's Motion to Supplement the Record (copy attached) is granted. The trial court clerk is directed, on or before February 8, 2023, at 3:00 p.m., to supplement the record with the items listed in the attached motion. * THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
Click to open document 02/09/2023 SUPP RECORD/TRANSCRIPT Gwen Marshall LEON BY: Gwen Marshall LEON Corrected Record on Appeal - Filed Electronically
Click to open document 02/09/2023 SUPP RECORD/TRANSCRIPT Gwen Marshall LEON BY: Gwen Marshall LEON Supplemental Record - Filed Electronically
Click to open document 02/10/2023 INITIAL BRIEF-MERITS AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857 Initial Brief of Appellant
Click to open document 02/10/2023 REQUEST-ORAL ARGUMENT AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857 Appellant/Petitioner's Motion for Oral Argument
Click to open document 02/10/2023 MOTION-STAY (EXECUTION) AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857 Appellant/Petitioner's Motion for Stay of Execution
Click to open document 02/13/2023 ANSWER BRIEF-MERITS AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
Click to open document 02/13/2023 RESPONSE AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 State's Response to Motion to Stay the Execution
Click to open document 02/13/2023 RESPONSE AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 State's Response to Motion for Oral Argument
Click to open document 02/14/2023 REPLY BRIEF-MERITS AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857 Appellant's Reply Brief
Click to open document 02/14/2023 NOTICE-FILING AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857 Notice of Filing Second Supplemental Appendix in Support of Fourth Successive Motion for Postconviction Relief
Click to open document 02/15/2023 MOTION-STRIKE AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Motion to Strike Extra-Record Material
Click to open document 02/16/2023 ORDER-STRIKE DY The State's Motion to Strike Extra-Record Material is hereby denied as moot.
Click to open document 02/16/2023 ORDER-NOTICE OF DELAY Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
Click to open document 02/16/2023 DISP-AFFIRMED FSC-OPINION: For the above reasons, we affirm the circuit court's summary denial of Dillbeck's fourth successive postconviction motion. We also deny Dillbeck's habeas petition and his pending motions for stay of execution and oral argument. No rehearing will be entertained by this Court, and the mandate shall issue immediately. It is so ordered.
Click to open document 02/16/2023 MANDATE