Doc.
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Date Docketed
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Description
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Filed by
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Notes
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02/14/2020
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NOTICE-APPEAL (INITIAL)
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AA Mark D. Sievers J80689 BY: WD Michael Mummert 10069
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02/14/2020
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Judgment and Sentence
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02/14/2020
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JURY VOTE
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12-0 Death
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02/17/2020
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No Fee - Insolvent
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02/17/2020
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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02/17/2020
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 05/06/2020; ROA: 05/26/2020
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02/21/2020
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COPY OF LOWER TRIBUNAL INDIGENCE CERTIFICATE(S)/ORDER(S)
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Linda Doggett BY: Linda Doggett
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Order Declaring Defendant Indigent and Appointing Regional Counsel for Appeal
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03/04/2020
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LOWER TRIBUNAL DOCUMENTS
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Bruce Edwin Kyle 66125 BY: Bruce Edwin Kyle 66125
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Copy of Lower Court Order Scheduling Status Conference for April 8, 2020
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04/02/2020
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NOTICE-APPEARANCE
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AE State Of Florida state1 BY: AE Scott A. Browne 802743
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04/06/2020
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DESIGNATION-PUBLIC DEFENDER
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Designation of the Public Defender for the Tenth Judicial Circuit to Handle the Criminal Appeal
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04/13/2020
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ORDER-CIRCUIT COURT
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Amended Order Scheduling Status Conference for April 8, 2020
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04/22/2020
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RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Record on Appeal - Unredacted (Filed Electronically)
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04/22/2020
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RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Trial Transcripts - Redacted (Filed Electronically)
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04/22/2020
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RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Trial Transcripts - Unredacted (Filed Electronically)
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04/22/2020
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RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Record on Appeal - Redacted (Filed Electronically)
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04/22/2020
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PRESENTENCE INVESTIGATION
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04/22/2020
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ORDER-DEP BRIEF SCHED (100)
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The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before July 31, 2020; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief.
As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
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04/23/2020
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STATUS REPORT
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Bruce Edwin Kyle 66125 BY: Bruce Edwin Kyle 66125
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Report on Status Conference Held on April 8, 2020
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04/28/2020
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LETTER
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Linda Doggett BY: Linda Doggett
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MEMORANDUM FOR ACKNOWLEDGMENT/RECEIPT
OF RECORD ON APPEAL
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04/28/2020
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EXHIBITS
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Linda Doggett BY: Linda Doggett
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Copies of 24 CDs/DVDs of Exhibits - Placed with file.
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05/12/2020
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NOTICE-APPEARANCE
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Notice of Appearance and Designation of E-mail Addresses Pursuant to Rule 2.516
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05/15/2020
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NOTICE-COUNS SUBSTITUTION
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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05/22/2020
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MOTION-RECORD SUPPLEMENTATION
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Unopposed Motion to Supplement the Record
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05/22/2020
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MOTION-TOLL TIME
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appellant's Unopposed Motion to Toll Time
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05/22/2020
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Unopposed Motion to Supplement the Record (copy attached) and Appellant's Unopposed Motion to Toll Time are hereby granted. The court reporters are directed, on or before June 15, 2020, to file with the trial court clerk the transcripts (along with an electronic copy) for the items listed in the attached motion. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, the court reporters are directed to transmit a copy of all transcripts, in addition to paper copies, in an electronic format as required by the provisions of that order. The electronic version for this Court shall be submitted to the following e-mail address: e-file@flcourts.org.
Counsel for appellant is directed to deliver a copy of this order to all court reporters involved in the transcription of the above dates and to take whatever steps are necessary to ensure that the transcripts are filed within the time period designated.
The trial court clerk is directed, on or before June 25, 2020, to supplement the record with the above items and with the transcripts and all items listed in the attached motion. Appellant shall have 70 days from the filing of the supplemental record in which to file the initial brief on the merits.
* THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
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06/08/2020
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ORDER-CIRCUIT COURT
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Order Directing Parties to Submit Stipulated Copy of Exhibits
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06/12/2020
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NOTICE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Notice Concerning the Appellate Record
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06/19/2020
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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First Supplemental Record on Appeal - Redacted (Filed Electronically)
**See corrected record filed 2/9/2021**
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06/19/2020
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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First Supplemental Record on Appeal - Unredacted (Filed Electronically)
**See corrected record filed 2/9/2021**
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06/25/2020
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EXHIBITS
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Linda Doggett BY: Linda Doggett
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Exhibits - 2 CDs - Placed with file.
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07/07/2020
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MOTION-RELINQUISH
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Motion to Relinquish Jurisdiction to Trial Court for Reconstruction of Record & Second Motion to Supplement the Record
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07/07/2020
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MOTION-TOLL TIME
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appellant's Motion to Toll Time
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07/10/2020
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ORDER-TOLLING GR
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Appellant's motion to toll time for filing the initial brief is granted and the time for filing said brief is tolled pending resolution of appellant's Motion to Relinquish Jurisdiction to Trial Court for Reconstruction of Record and Second Motion to Supplement the Record.
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07/13/2020
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RESPONSE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Response to Appellant's Motion to Relinquish Jurisdiction to Trial Court for Reconstructions of Record & Second Motion to Supplement the Record
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09/03/2020
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Second Supplemental Record on Appeal - Redacted (Filed Electronically)
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09/03/2020
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Second Supplemental Record on Appeal - Unredacted (Filed Electronically)
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11/09/2020
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Third Supplemental Record on Appeal - Redacted (Filed Electronically)
**See corrected record filed 2/9/2021**
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11/09/2020
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Third Supplemental Record on Appeal - Unredacted (Filed Electronically) **See corrected record filed 2/9/2021**
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12/23/2020
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ORDER-OTHER SUBSTANTIVE
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Appellant's "Motion to Relinquish Jurisdiction to Trial Court for Reconstruction of Record & Second Motion to Supplement the Record" is hereby denied in part and granted in part. Appellant's motion requesting that this Court relinquish jurisdiction of the above cause to the circuit court for the purpose of reconstructing the record to include the full Curtis Wright proffer video is denied.
Appellant's second motion to supplement the record is granted. The court reporters are directed on or before, January 26, 2021, to file with the trial court clerk the transcripts (along with an electronic copy) for the hearings held May 14, 2019, and February 27, 2016, as listed in the attached motion. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, the court reporters are directed to transmit a copy of all transcripts, in addition to paper copies, in an electronic format as required by the provisions of that order. The electronic version for this Court shall be submitted to the following e-mail address: e-file@flcourts.org.
Counsel for appellant is directed to deliver a copy of this order to all court reporters involved in the transcription of the above dates and to take whatever steps are necessary to ensure that the transcripts are filed within the time period designated.
The trial court clerk is directed, on or before February 5, 2021, to supplement the record with the above transcripts and with all items listed in the attached motion.
Appellant shall have fifty-five days from the filing of the supplemental record in which to file the initial brief on the merits.
* THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
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01/26/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Fourth Supplemental Record on Appeal - Redacted (Filed Electronically)
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01/26/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Fourth Supplemental Record on Appeal - Unredacted (Filed Electronically)
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01/26/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Certificate of Non-Existence
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02/09/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Corrected Third Supplemental Record on Appeal - Redacted (Filed Electronically)
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02/09/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Corrected Third Supplemental Record on Appeal - Unredacted (Filed Electronically)
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02/09/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Corrected First Supplemental Record on Appeal - Redacted (Filed Electronically)
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02/09/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Corrected First Supplemental Record on Appeal - Unredacted (Filed Electronically)
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03/22/2021
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INITIAL BRIEF-MERITS
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Initial Brief of Appellant
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03/22/2021
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MOTION-BRIEF PAGE ENLARGEMENT
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Unopposed Motion to Accept Enlarged Initial Brief
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03/22/2021
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MOTION-RECORD SUPPLEMENTATION
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Motion to Transmit Color Copies (or, if not feasible, originals) of 14 Photographs (Trial Exhibits)
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03/24/2021
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MOTION-STRIKE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Motion to Strike Initial Brief
*Stricken, in light of amended motion filed 3/24/2021*
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03/24/2021
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MOTION-STRIKE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Amended Motion to Strike Initial Brief
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03/25/2021
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RESPONSE
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appellant's Response to State's Amended Motion to Strike Initial Brief
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03/29/2021
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Appellant's Unopposed Motion to Accept Enlarged Initial Brief is hereby granted and said brief consisting of 31,280 words was filed with this Court on March 22, 2021.
The State's Amended Motion to Strike Initial Brief is hereby denied.
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03/29/2021
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Motion to Transmit Color Copies (or, if not feasible, originals) of 14 Photographs is granted, as to color copies only. The trial court clerk is directed, on or before April 13, 2021, to supplement the record with the items listed in the attached motion and provide copies to counsel for the parties.
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04/06/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Fifth Supplemental Record on Appeal - Redacted
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04/06/2021
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SUPP RECORD/TRANSCRIPT
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Linda Doggett BY: Linda Doggett
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Fifth Supplemental Record on Appeal - Unredacted
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05/28/2021
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ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Answer Brief of Appellee
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05/28/2021
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MOTION-BRIEF PAGE ENLARGEMENT
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Unopposed Motion to Accept Enlarged Answer Brief
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06/07/2021
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Appellee's Unopposed Motion to Accept Enlarged Answer Brief is hereby granted and said brief consisting of 30,641 words was filed with this Court on May 28, 2021.
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07/07/2021
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REPLY BRIEF-MERITS
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Reply Brief of Appellant
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08/09/2021
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, October 5, 2021. A maximum of thirty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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09/23/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Notice of Supplemental Authority: Adams v. United States, No. 19-1563, 2021 WL 1984896 (6th Cir. Mar. 10, 2021); United States v. Adams, 655 Fed. Appx. 312, 316 (6th Cir. 2016); United States v. Daniels, 189 Fed. Appx. 199, 201 (4th
Cir. 2006); Harris v. State, 841 P.2d 597, 602 (Okla. Crim. App. 1992); and Section 948.30(2)(a), Florida Statute (2021)
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10/05/2021
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ORAL ARGUMENT HELD
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10/06/2021
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NOTICE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Notice of Correction (to Answer Brief filed 5/28/2021)
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10/08/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Notice of Supplemental Authority: Fields v. State, 608 So. 2d 899, 903 (Fla. 1st DCA 1992); Musson v. State, 184 So. 3d 575, 578 (Fla. 2d DCA 2016); and United States v. Abel, 469 U.S. 45, 52 (1984)
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10/14/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Notice of Supplemental Authority: State v. Goode, 830 So. 2d 817, 828-829 (Fla. 2002); Massey v. State, 609 So. 2d 598, 600 (Fla. 1992); Price v. State, 995 So. 2d 401, 404-06 (Fla. 2008); and Miller v. State, 42 So. 3d 204, 216 (Fla. 2010)
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11/08/2021
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MOTION-RELINQUISH
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appellant's Motion to Relinquish Jurisdiction Re: New Exculpatory Evidence
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11/08/2021
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APPENDIX-MOTION
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appendix for Motion to Relinquish Jurisdiction Re: New Exculpatory Evidence
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11/09/2021
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RESPONSE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Objection to Appellant's Motion to Relinquish Jurisdiction
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12/27/2021
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SUPPLEMENT TO MOTION
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appellant's Addendum to Motion to Relinquish Jurisdiction Re: New Exculpatory Evidence
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12/27/2021
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APPENDIX-MOTION
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Supplemental Appendix for Appellant's Motion to Relinquish Jurisdiction Re: New Exculpatory Evidence
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11/17/2022
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ORDER-RELINQUISHMENT DY
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Appellant's motion to relinquish jurisdiction is hereby denied as moot.
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11/17/2022
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DISP-AFFIRMED
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FSC-OPINION: We affirm Sievers' first-degree murder conviction and corresponding death sentence, as well as his conviction for conspiracy to commit murder. It is so ordered.
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12/01/2022
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MOTION-REHEARING
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AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932
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Appellant's Motion for Rehearing
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01/18/2023
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DISP-REHEARING DY
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Appellant's Motion for Rehearing is hereby denied.
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02/03/2023
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MANDATE
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02/03/2023
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ORDER-COUNS APPOINTMENT (POST-CONVICTION)
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Pursuant to Florida Rule of Criminal Procedure 3.851(b), the Office of the Capital Collateral Regional Counsel-Southern Region is hereby appointed to handle postconviction proceedings for appellant.
The Office of the Capital Collateral Regional Counsel-Southern Region shall, within thirty days from this date of this order, file a notice of appearance in the trial court or a motion to withdraw based on a conflict of interest or some other legal ground. A copy of the notice of appearance or motion to withdraw shall be served on the Florida Supreme Court.
In accordance with this Court's opinion issued in Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.991 and Florida Rule of Judicial Administration 2.215, 802 So. 2d 298 (Fla. 2001), the chief judge shall forthwith assign this case to a judge qualified to handle capital cases. A copy of the assignment order shall be served on the Florida Supreme Court.
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02/10/2023
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PUBLISH FULL
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02/20/2023
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NOTICE-REPOSITORY (AG)
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Notice to State Attorney of Affirmance of Death Penalty
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02/20/2023
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NOTICE-REPOSITORY (AG)
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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Notice to Secretary of Department of Corrections of Affirmance of Death Penalty
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02/21/2023
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JUDGE-CIRC ASSIGNMENT (3.850)
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Michael T. Mchugh 968978 BY: Michael T. Mchugh 968978
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Order of Assignment
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02/21/2023
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LOWER TRIBUNAL DOCUMENTS
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Cynthia Ann Ross BY: Cynthia Ann Ross
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Notice of Affirmance of Death Penalty and to Produce Public Records - Charlotte County Sheriff's Office (State Attorney)
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02/21/2023
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LOWER TRIBUNAL DOCUMENTS
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Cynthia Ann Ross BY: Cynthia Ann Ross
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Notice of Affirmance of Death Penalty and to Produce Public Records - Collier County Sheriff's Office (State Attorney)
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02/21/2023
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LOWER TRIBUNAL DOCUMENTS
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Cynthia Ann Ross BY: Cynthia Ann Ross
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Notice of Affirmance of Death Penalty and to Produce Public Records - District 21 Medical Examiner (State Attorney)
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02/21/2023
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LOWER TRIBUNAL DOCUMENTS
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Cynthia Ann Ross BY: Cynthia Ann Ross
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Notice of Affirmance of Death Penalty and to Produce Public Records - Florida Department of Law Enforcement (State Attorney)
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02/21/2023
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LOWER TRIBUNAL DOCUMENTS
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Cynthia Ann Ross BY: Cynthia Ann Ross
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Notice of Affirmance of Death Penalty and to Produce Public Records - Lee County Sheriff's Office (State Attorney)
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