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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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12/14/2006
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PETITION-ALL WRITS
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DM Michael George Bruno, Sr. BY: PT Suzanne Keffer 150177
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& E-MAIL (12/15/2006: O&7 OF PETITION FILED)
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12/14/2006
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No Fee Required
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12/14/2006
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner has filed an Emergency Petition Seeking to Invoke this Court's All Writs Jurisdiction. Respondent is hereby requested to file a response to the above-referenced petition by 11:30 a.m., Thursday, December 14, 2006. NO REPLY TO RESPONSE WILL BE ACCEPTED.
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12/14/2006
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ORDER-EXT OF TIME GR (RESPONSE)
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Respondent's ore tenus motion for extension of time is granted and respondent is allowed to and including 11:45 a.m., Thursday, December 14, 2006, in which to file its response.
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12/14/2006
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MOTION-OTHER SUBSTANTIVE
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DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541
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(EMERGENCY) TO PRESERVE EVIDENCE (12/14/2006: DENIED AS MOOT); (12/14/2006: O&7 FILED)
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12/14/2006
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ORDER-RELINQUISHMENT GR (CIRC CT)
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Ian Deco Lightbourne and other prisoners under sentences of death have filed a petition seeking to invoke this Court's all writs jurisdiction. We have jurisdiction pursuant to article V, section 3(b)(7) of the Florida Constitution. The petition involves various issues relating to the execution of Angel Nieves Diaz and the use of lethal injection as a method of execution. We grant partial temporary relief by allowing Petitioner Lightbourne to designate a representative to attend the autopsy of Angel Nieves Diaz and order that the autopsy of Diaz, pursuant to section 922.11(3), Florida Statutes (2006), continue without delay in the presence of Lightbourne's representative. We hereby relinquish jurisdiction to the Circuit Court of the Fifth Judicial Circuit in and for Marion County, Florida, for an immediate determination of Petitioner Lightbourne's request for an independent autopsy of Diaz. We further order that Diaz's body be preserved pending order of the circuit court, pursuant to this relinquishment. All other issues raised by Petitioner Lightbourne shall be acted on by the circuit court as soon as possible. We defer ruling at this time on the propriety of these claims in regard to the remaining named Petitioners. We deny the Attorney General's motion to preserve evidence as moot in light of this order.
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12/14/2006
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541
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(EXTENDED FROM 11:30 A.M. TO 11:45 A.M.) E-MAIL ; (12/14/2006: O& 7 FILED)
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12/14/2006
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MOTION-OTHER SUBSTANTIVE
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FOR OPPORTUNITY TO BE HEARD (E-MAIL); 12/15/2006: ORIGINAL MOTION FILED
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12/14/2006
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's motion for opportunity to be heard is hereby denied as moot .
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12/14/2006
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RELINQUISHMENT STARTED
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12/14/2006
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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HRG IN CIRC CT ON INDEPENDANT AUTOPSY OF DIAZ SET FOR 12/15/2006 (FAXED); (12/19/2006: ORIGINAL FILED)
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12/18/2006
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ORDER-CIRCUIT COURT
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TO RELEASE THE BODY OF ANGEL NIEVES DIAZ DATED 12/18/2006, BY JUDGE CARVEN D. ANGEL; (12/20/2006: CERTIFIED COPY OF ORDER FILED)
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12/27/2006
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NOTICE-FILING
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(RICKEY BERNARD ROBERTS) WAS INADVERTENTLY LISTED AS A PETITIONER AT THE TIME THIS MATTER WAS INITIATED AND THAT MR. ROBERTS IS CURRENTLY NOT UNDER A SENTENCE OF DEATH (FILED BY MARTIN J. MCCLAIN)
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12/28/2006
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NOTICE-FILING
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(JIM ERIC CHANDLER) ADVISING COURT OF FILING IN CIRCUIT COURT A MOTION TO AMEND MOTION TO VACATE
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01/05/2007
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ORDER-CASE STYLE CHANGE
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The style of the above case has been changed from Ian Deco Lightbourne, et al. vs. Charles J. Crist, Jr., etc., et al. to Ian Deco Lightbourne, et al. vs. Bill McCollum, etc., et al.
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01/08/2007
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NOTICE-FILING
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(ROBERT RIMMER) ADVISING COURT OF FILING IN DUVAL CIRCUIT COURT MOTION FOR DISCOVERY (FILED BY LINDA MCDERMOTT)
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02/07/2007
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NOTICE-FILING
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(SONNY BOY OATS) ADVISING COURT OF FILING IN MARION COUNTY CIRCUIT COURT MOTION TO AMEND MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES (FILED BY MARTIN J. MCCLAIN) 0&7.
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02/09/2007
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DISP-DISM WITHOUT PREJUDICE
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Other than petitioner Lightborne, all of the petitioners' claims are dismissed. The dismissal is without prejudice to the petitioners' filing any claim which they may have in the appropriate court for that individual petitioner. This Court has made no decision as to the validity of the claims raised and whether those claims are timely or otherwise barred. If a petitioner files a claim, the court in which the claim is filed shall treat the claim as if it had initially been filed in that court.
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02/09/2007
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ORDER-STATUS REPORTS
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Petitoner Lightbourne and the State are hereby directed, on or before February 19, 2007, to provide the Court a status report on the proceedings in the circuit court pursuant to this Court's December 14, 2006, order relinquishing jurisdiction. In that report, the parties shall also advise the Court as to the effect of the current proceedings in this case on the issue of denial of an evidentiary hearing on the lethal injection claim raised as Issue 2 in the postconviction appeal currently pending in Case No. SC06-1241.
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02/09/2007
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STATUS REPORT
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 RE: PROCEEDINGS IN THE CIRCUIT COURT PER THIS COURT'S ORDER 12/14/2006 RELINQ ORDER
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02/19/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 RE: PROCEEDINGS IN THE CIRCUIT COURT PER THIS COURT'S 12/14/06 RELINQ ORDER
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02/28/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 SUPPLEMENTAL STATUS REPORT RE: RELINQ PROCEEDINGS
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03/05/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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OF THE FINAL REPORT WITH FINDINGS AND RECOMMENDATIONS OF THE GOVERNOR'S COMMISSION ON ADMINISTRATION OF LETHAL INJECTION
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03/16/2007
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ORDER-STATUS REPORTS
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Petitioner Lightbourne and the State are hereby directed, on or before March 21, 2007, to proivde this Court with a status report addressing the March 9, 2007, status conference held in the circuit court. The parties shall continue to file status reports every thirty days to advise this Court of any further action in the circuit court proceedings.
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03/19/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 RE: RELINQ PROCEEDINGS
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03/21/2007
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STATUS REPORT
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 ADDRESSING THE 03/09/2007, STATUS CONFERENCE (O&7)
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03/22/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 SUPPLEMENTAL W/COPY OF THE TRANSCRIPT OF STATUS CONF HELD 02/21/2007 (O&7)
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03/29/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 SUPPLEMENTAL (WITH ATTACHED TRANSCRIPT HELD ON 03/09/2007)
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04/13/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 (O&7)
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05/16/2007
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STATUS REPORT
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 - RE: RELINQUISHMENT PROCEEDINGS
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07/12/2007
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ORDER-STATUS REPORTS
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The Court relinquished jurisdiction in this case and requested that the issues raised by petitioner Lightbourne "shall be acted on by the circuit court as soon as possible". The Court has received periodic status reports and the last status report indicated that the evidentiary hearing took place on May 18 and 21, 2007, with additional proceedings on July 17-21, 2007, to follow. The Court hereby directs the circuit court to provide to this Court by July 17, 2007, the earliest possible date that the proceedings in the trial court can be concluded and a final order entered.
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07/17/2007
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STATUS REPORT
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BY: JU Hon. Carven D. Angel, Judge 0015774 - TO ORDER DATED 07/12/2007 (FILED AS LETTER W/CIRCUIT COURT ORDER DATED 07/17/2007) (FAX)
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07/18/2007
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ORDER-OA SCHED
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Having been advised by the Honorable Carven Angel that the final order in the above proceeding, which was relinquished to the trial court on December 14, 2006, will be entered by September 10, 2007, we hereby set the following schedule for filings to be made in this Court. The record on appeal shall be filed by Friday, September 14, 2007. The initial brief on the merits shall be filed by Wednesday, September 19, 2007; answer brief on the merits shall be filed by Wednesday, September 26, 2007; and reply brief on the merits shall be filed by Friday, September 28, 2007. Oral argument is scheduled for 9:00 a.m. Thursday, October 11, 2007. A maximum of twenty 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. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. In addition to the above schedule, the court reporters are hereby directed to transmit, by July 27, 2007, an electronic version of the transcripts provided to the parties per Judge Angel's order dated July 17, 2007, to the following e-mail address: e-file@flcourts.org. Counsel for Ian Lightbourne is directed to provide a copy of this order to the court reporters involved in the above transcription of proceedings. Counsel for the parties are also directed, by August 24, 2007, to transmit electronic copies of the written closing arguments filed in the trial court to the following e-mail address: e-file@flcourts.org.
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07/18/2007
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ORAL ARGUMENT CALENDAR
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07/18/2007
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ORDER-CIRCUIT COURT
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DATED 7/17/07 RE: ORDER PROVIDING EARLIEST POSSIBLE DATE FOR CONCLUSION OF PROCEEDINGS (ORIGINAL ORDER - COPY REC'D 7/17/07)
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07/31/2007
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ORDER-CIRCUIT COURT
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DATED 07/31/07 RE: TEMPORAR STAY
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08/01/2007
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ORDER-CIRCUIT COURT
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DATED: 08/01/07 RE: AMENDED(CORRECTING SCRIVENER ERRORS) (ORIGINAL COPY FILED 08/03/07)
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08/01/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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RE: NOTICE OF FILING AND REQUEST FOR FINAL HEARING FILED IN CIRCUIT COURT ON AUGUST 1, 2007 (08/02/07 ORIGINAL & SEVEN COPIES REC'D)
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08/01/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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(COPY) STYLED IN THE CIRCUIT COURT
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08/02/2007
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ORDER-CIRCUIT COURT
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DATED 08/02/07 RE: ORDER SETTING FINAL HEARING
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08/02/2007
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ORDER-CIRCUIT COURT
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DATED 08/02/07 RE: SECOND AMENDED (CORRECTING SCRIVENER ERRORS) (08/03/07: ORIGINAL COPY FILED)
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08/03/2007
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ORDER-CIRCUIT COURT
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DATED 08/02/07 RE: ORDER SETTING STATUS CONFERENCE
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08/06/2007
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ORDER-OTHER SUBSTANTIVE
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On August 1, 2007, the State filed a Notice of Filing in the above proceeding attaching its Notice of Filing and Request for Final Hearing filed in the trial court certifying the readiness of the Florida Department of Corrections to carry out executions pursuant to the revised lethal injection procedures effective after August 1, 2007. The State has moved the trial court to schedule a final hearing for September 5, 2007, so that a final order may be entered by the trial court by September 10, 2007, in conformance with the trial court's July 17, 2007, status report to this Court. The schedule set forth by this Court in its July 18, 2007, scheduling order, and as further set forth below, will govern this proceeding unless the parties show good cause no later than August 10, 2007, why additional time is required to conclude the proceedings and for the trial court to enter a final order. If the parties demonstrate good cause, the Court will modify the scheduling order; otherwise the times set forth shall remain in effect. On or before September 10, 2007, all evidentiary proceedings in the trial court shall be concluded, with a final order entered and trial court jurisdiction terminated. The record on appeal shall be filed in this Court by Friday, September 14, 2007. The initial brief on the merits shall be filed by Wednesday, September 19, 2007; answer brief on the merits shall be filed by Wednesday, September 26, 2007; and reply brief on the merits shall be filed by Friday, September 28, 2007. Oral argument is scheduled for 9:00 a.m. Thursday, October 11, 2007. A maximum of twenty 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. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. In addition to the above schedule, the court reporters are hereby directed to transmit to this Court, by August 10, 2007, an electronic version of the transcript of the August 7, 2007, status conference. The court reporters are further hereby directed to transmit to this Court an electronic version of the transcript of the final evidentiary hearing within five days after the conclusion of the hearing.
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08/06/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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RE: CIRCUIT COURT ORDER DATED 08/02/07, SETTING FINAL HEARING (O&7)
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08/07/2007
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ORDER-CIRCUIT COURT
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DATED 08/07/07 RE: AMENDED ORDER SETTING FINAL HEARING
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08/08/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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RE: CIRCUIT COURT ORDER DATED 08/07/07, ORDER SETTING EVIDENTIARY HEARING FOR AUGUST 28-31, 2007
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08/09/2007
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MOTION-REHEARING ON MISC ORDER
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "EMERGENCY MOTION TO VACATE THE SCHEDULING ORDER WHICH TERMINATES JURISDICTION IN THE CIRCUIT COURT ON SEPTEMBER 10, 2007 BASED ON GOOD CAUSE" (WITH ATTACHMENTS);(08/10/2007: ORIGINAL MOTION & 7 COPIES FILED) (8/13/07: AMENDED/CORRECTED MOTION FILED)
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08/09/2007
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ORDER-CIRCUIT COURT
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DATED 08/09/07 RE: ORDER GRANTING DEFENDANT'S MOTION FOR A VIEW OF EXECUTION CHAMBER AND WITNESS A WALK THROUGH
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08/09/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541
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FILED AS "RESPONSE IN OPPOSITION TO PETITIONER'S EMERGENCY MOTION TO VACATE SCHEDULING ORDER WHICH TERMINATES JURISDICTION IN THE CIRCUIT COURT ON SEPTEMBER 10, 2007, BASED ON GOOD CAUSE"; 08/10/2007: ORIG. RESPONSE FILED.
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08/10/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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RE: CIRCUIT COURT ORDER DATED 08/07/2007, ORDER SETTING EVIDENTIARY HEARING FOR AUGUST 28-41, 2007 (O&7)
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08/10/2007
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MOTION-REPLY FILING TO RESPONSE
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "MOTION FOR OPPORTUNITY TO BE HEARD"; 07/13/2007: O&7 FILED
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08/10/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541
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TO LIGHTBOURNE'S MOTION FOR OPPORTUNITY TO BE HEARD
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08/10/2007
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NOTICE
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DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541
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FILED AS "NOTICE OF COMPLIANCE OF SERVICE VIA FAX"
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08/14/2007
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Amended/Corrected (Correcting Scriveners Errors) Petitioner's Emergency Motion to Vacate the Scheduling Order Which Terminates Jurisdiction in the Circuit Court on September 10, 2007 Based on Good Cause and Petitioner's Motion for Opportunity to Be Heard are hereby denied.
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08/14/2007
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RESPONSE
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "RESPONSE TO NOTICE OF COMPLIANCE OF SERVICE VIA FAX" (O&7)
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08/15/2007
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MOTION-REHEARING ON MISC ORDER
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "STATE'S MOTION TO RECALL REMAND"
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08/15/2007
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RESPONSE
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PT Ian Deco Lightbourne 078081 BY: PT Anna-Liisa Joseloff 26283
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FILED AS "PETITIONER'S RESPONSE TO STATE'S MOTION TO RECALL THE MANDATE"
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08/16/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07: ORDER DENYING DEFENDANT'S MOTION TO DEPOSE
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08/17/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07 RE: ORDER DENYING DEFENDANT'S MOTION FOR TESTIMONY FROM MEDICALLY QUALIFIED TEAM MEMBERS AND THE EXECUTIONERS
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08/17/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07 RE: ORDER DENYING DEFENDANT'S SECOND MOTION TO DEPOSE
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08/17/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07 RE: ORDER GRANTING DEFENDANT'S DEMAND FOR ADDITIONAL RECORDS FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
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08/17/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07 RE: ORDER DENYING DEFENDANT'S DEMAND FOR ADDITIONAL PUBLIC RECORDS FROM THE GOVERNOR'S OFFICE
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08/17/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07 RE: ORDER DENYING DEFENDANT'S DEMAND FOR ADDITIONAL PUBLIC RECORDS FROM THE OFFICE OF THE ATTORNEY GENERAL
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08/17/2007
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ORDER-CIRCUIT COURT
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DATED 08/16/07 RE: ORDER DENYING DEFENDANT'S DEMAND FOR ADDITIONAL PUBLIC RECORDS FROM THE DEPARTMENT OF CORRECTIONS
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08/17/2007
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ORDER-OTHER SUBSTANTIVE DY
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Respondent's Motion to Recall Remand is hereby denied.
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08/22/2007
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MOTION-REHEARING ON MISC ORDER
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DM Michael George Bruno, Sr. BY: PT Suzanne Keffer 150177
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FILED AS "PETITIONER'S RENEWED EMERGENCY MOTION TO VACATE THE SCHEDULING ORDER WHICH TEMINATES JURISDICTION IN THE CIRCUIT COURT ON SEPTEMBER 10, 2007 BASED ON GOOD CAUSE" (O&7 REC'D 08/23/07)
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08/22/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "RESPONSE TO "RENEWED EMERGENCY MOTION TO VACATE" SCHEDULING ORDER" (O&7 REC'D 08/23/07)
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08/22/2007
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Renewed Emergency Motion to Vacate the Scheduling Order Which Terminates Jurisdiction in the Circuit Court on September 10, 2007 Based on Good Cause is hereby denied.
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09/07/2007
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LETTER
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PT Ian Deco Lightbourne 078081 BY: PT Ian Deco Lightbourne 078081
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(PRO SE) DATED 08/30/07
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09/08/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "STATE'S RESPONSE TO PETITIONER'S SECOND, THIRD, AND FOURTH EMERGENCY MOTIONS TO RELINQUISH JURISDICTION AND REQUEST FOR PROTECTIVE ORDER"
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09/10/2007
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ORDER-CIRCUIT COURT
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DATED 09/10/07 RE: ORDER DENYING DEFENDANT'S ALL WRITS PETITION TO DECLARE FLORIDA'S LETHAL INJECTION PROCEDURE UNCONSTITUTIONAL
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09/11/2007
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MOTION-RELINQUISH
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "PETITIONER'S EMERGENCY MOTION TO RELINQUISH JURISDICTION IN ORDER TO ALLOW THE LOWER COURT TO RULE ON "MOTION FOR REHEARING AND/OR CLARIFICATION" (WITH ATTACHEMENTS) (O&7 REC'D 09/12/07)
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09/12/2007
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RECORD/TRANSCRIPT
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David R. Ellspermann BY: David R. Ellspermann
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VOLUMES 1-41 (3 TOTAL BOXES: 2 BOXES OR ROA & 1 BOX OF SUPP ROA)
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09/12/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "RESPONSE TO EMERGENCY MOTION TO RELINQUISH JURISDICTION" (WITH ATTACHMENTS) (O&7 REC'D 0/9/17/07)
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09/12/2007
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EXHIBITS
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David R. Ellspermann BY: David R. Ellspermann
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2 LARGE POSTERS & 2 BOXES (1SEALED BOX CONTAINS BIO-HAZARDOUS MATERIAL)
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09/12/2007
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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The record on appeal pursuant to this Court's order dated August 6, 2007, has been received by this Court. The trial court clerk is hereby directed to supplement the record, as needed, if additional pleadings or orders are filed with their court. Per this Court's Administrative Orders In Re: Submission of Electronic Copies of Transcripts, AOSC07-28, dated May 31, 2007, and In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, the court reporters are further directed to transmit a copy of all transcripts as required by the provisions of that order in an electronic version for this Court which shall be submitted to the following e-mail address: e-file@flcourts.org. As the time for filing the transcript has already been extended, the Court does not anticipate that any further extensions of time will be necessary. THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD - VOLUME 1, ETC." AND PAGE NUMBERING SHOULD START WITH PAGE 1 AND RUN CONSECUTIVELY.
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09/12/2007
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RELINQUISHMENT ENDED
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09/14/2007
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ORDER-RELINQUISHMENT DY
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Petitioner's Emergency Motion to Relinquish Jurisdiction in Order to Allow the Lower Court to Rule on "Motion for Rehearing and/or Clarification" is hereby denied as moot.
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09/14/2007
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SUPP RECORD/TRANSCRIPT
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David R. Ellspermann BY: David R. Ellspermann
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VOLUME I
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09/17/2007
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MOTION-RELINQUISH
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "PETITIONER'S SECOND EMERGENCY MOTION TO RELINQUISH JURISDICTION IN ORDER TO GET THE FACTS REGARDING JUDGE ANGEL'S COMMENTS TO THE PRESS" (O&7 REC'D 9/18/07)
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09/17/2007
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MOTION-RELINQUISH
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "PETITIONER'S THIRD EMERGENCY MOTION TO RELINQUISH JURISDICTION TO GET THE FACTS REGARDING DOC MEMORANDA" (O&7 REC'D 9/18/07)
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09/17/2007
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MOTION-RELINQUISH
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "PETITIONER'S FOURTH EMEREGENCY MOTION TO RELINQUISH JURISDICTION TO GET THE FACTS REGARDING THE STATE RECORDS REPOSITORY" (O&7 REC'D 9/18/07)
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09/17/2007
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner's Second Emergency Motion to Relinquish Jurisdiction in Order to Get the Facts Regarding Judge Angel's Comments, Petitioner's Third Emergency Motion to Relinquish Jurisdiction to Get the Facts Regarding DOC Memoranda, and Petitioner's Fourth Emergency Motion to Relinquish Jurisdiction to Get the Facts Regarding the State Records Repository were filed with this Court on September 17, 2007. Respondent is hereby requested to file a response by 4:00 p.m. on Tuesday, September 18, 2007, and petitioner may file a reply by 12:00 noon on Wednesday, September 19, 2007. (09/18/07: CORRECTED TO REFLECT THE FILING TIME FOR 4p.m.)
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09/18/2007
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SUPP RECORD/TRANSCRIPT
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David R. Ellspermann BY: David R. Ellspermann
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VOLUME II
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09/18/2007
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner, Pro Se, has filed a letter with this Court on September 7, 2007, a copy of which is attached. Counsel for the parties are hereby directed to file responses to the above-referenced filing on or before 4:00 p.m. on September 25, 2007.
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09/18/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "STATE'S RESPONSE TO PETITIONER'S SECOND, THIRD AND FOURTH EMERGENCY MOTIONS TO RELINQUISH JURISDICTION AND REQUEST FOR PROTECTIVE ORDER" (O&7 REC'D 9/19/07)
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09/19/2007
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INITIAL BRIEF-MERITS
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7 & E-MAIL
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09/19/2007
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REPLY TO RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "PETITIONER'S REPLY TO STATE'S RESPONSE TO PETITIONER'S SECOND, THIRD, AND FOURTH EMERGENCY MOTIONS TO RELINQUISH JURISDICTION" (O&7 REC'D 09/20/07)
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09/20/2007
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ORDER-RELINQUISHMENT DY
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Petitioner's Second Emergency Motion to Relinquish Jurisdiction in Order to Get the Facts Regarding Judge Angel's Comments to the Press, Petitioner's Third Emergency Motion to Relinquish Jurisdiction to Get the Facts Regarding DOC Memoranda, Petitioner's Fourth Emergency Motion to Relinquish Jurisdiction to Get the Facts Regarding the State Records Repository and Respondent's Request for Protective Order are hereby denied.
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09/20/2007
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SUPP RECORD/TRANSCRIPT
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David R. Ellspermann BY: David R. Ellspermann
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VOLUME 3
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09/21/2007
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MOTION-RECORD SUPPLEMENTATION
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PT Ian Deco Lightbourne 078081 BY: PT Roseanne Eckert 82491
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O&7 REC'D 09/24/07
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09/24/2007
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RESPONSE
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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FILED AS "RESPONSE TO PETITIONER'S PRO SE LETTER TO THE COURT"
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09/25/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "RESPONSE TO PRO SE LETTER" (O&7) (CORRECTED RESPONSE FILED 9/25/07)
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09/25/2007
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Petitioner's Motion to Supplement the Record is granted. The trial court clerk is directed on or before Monday, October 1, 2007, to supplement the record with the items listed in said motion (copy attached). Counsel for the Petitioner is directed to take whatever steps are necessary to ensure that the supplemental record is filed within the time period designated. The filing of the motion to supplement the record and the trial court clerk's preparation and filing of the supplemental record shall not toll the time for the filing the remaining briefs or for oral argument. THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD - VOLUME 4, ETC." AND PAGE NUMBERING SHOULD START WITH PAGE 214 AND RUN CONSECUTIVELY.
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09/26/2007
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SUPP RECORD/TRANSCRIPT
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David R. Ellspermann BY: David R. Ellspermann
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VOLUME 4 - (SEALED EXHIBITS)
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09/27/2007
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ANSWER BRIEF-MERITS
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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O&7 & E-MAIL
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09/28/2007
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REPLY BRIEF-MERITS
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7 & E-MAIL
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10/01/2007
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SUPP RECORD/TRANSCRIPT
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David R. Ellspermann BY: David R. Ellspermann
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VOLUMES 5 - 7
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10/08/2007
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MOTION-ORAL ARGUMENT RESCHEDULE
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7 & E-MAIL
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10/08/2007
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ORDER-ORAL ARGUMENT RESCHEDULE DY
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Upon Consideration of Petitioner Lightbourne's Motion to Continue Oral Argument and to Hold Proceedings in Abeyance, it is ordered that the Motion to Continue Oral Argument is hereby denied. Ruling on the Motion to Hold Proceedings in Abeyance is hereby deferred and will be considered subsequent to Oral Argument.
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10/08/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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O&7
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10/11/2007
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ORAL ARGUMENT HELD
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10/11/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "RESPONSE TO MOTION TO CONTINUE ORAL ARGUMENT AND HOLD PROCEEDINGS IN ABEYANCE" (O&7)
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10/18/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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O&7
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10/22/2007
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NOTICE-FILING
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7
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10/30/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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10/31/2007
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NOTICE-FILING
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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O&7
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11/01/2007
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ORDER-OTHER SUBSTANTIVE
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The parties are advised that any motion for rehearing filed pursuant to Florida Rule of Appellate Procedure 9.330 which pertains to the decision of this Court rendered in the above case on Thursday, November 1, 2007, shall be filed by 4:00 p.m. Monday, November 5, 2007. The response to any motion filed shall be filed by 12:00 noon, Tuesday, November 6, 2007.
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11/01/2007
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ORDER-OTHER SUBSTANTIVE
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Lightbourne filed a pro se letter urging the Court to reverse his conviction and sentence because of bias on the part of his original trial judge, or to otherwise grant meaningful appellate review by re-reviewing claims that were previously rejected as untimely or procedurally barred in earlier appeals. Because Lightbourne was represented by counsel in the trial court during the relinquishment of this proceeding and is represented by counsel in this emergency all writs petition, and because Lightbourne has not sought to discharge counsel in either proceeding, his filing is unauthorized. Moreover, the claims set forth in the pro se letter are procedurally barred. See Lightbourne v. Dugger, 549 So. 2d 1364, 1365-66 (Fla. 1989); Lightbourne v. State, 742 So. 2d 238, 243 & n.8 (Fla. 1999). Accordingly, Lightbourne's pro se filing is hereby dismissed.
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11/01/2007
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ORDER-STAY PROCEEDINGS FSC DY
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On October 8, 2007, petitioner filed a motion to continue oral argument and to hold these proceedings in abeyance pending resolution of the questions presented in Baze v. Rees, which has been accepted for review by the United States Supreme Court. See Baze v. Rees, 217 S.W. 3d 207, 209 (Ky. 2006), cert. granted, 76 U.S.L.W. 3154 (U.S. Sept. 25, 2007) (No. 07-5439). Petitioner's motion to continue oral argument was denied by Order entered October 8, 2007, and ruling was deferred on the motion to hold the proceedings in abeyance. Upon consideration of petitioner's motion to hold the proceedings in abeyance, it is ordered that the motion is hereby denied.
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11/01/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7
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11/01/2007
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NOTICE-FILING
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7
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11/01/2007
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DISP-DENIED
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After reviewing the evidence and testimony presented below and the lethal injection procedures themselves, we affirm the circuit court's order denying relief for the reasons set forth above and deny Lightbourne's all writs petition. Lightbourne has failed to show that Florida's current lethal injection procedures, as actually administered through the DOC, are constitutionally defective in violation of the Eighth Amendment of the United States Constitution.
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11/05/2007
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MOTION-REHEARING
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7 (RC) (11/06/07: CORRECTED MOTION FILED O&7)
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11/05/2007
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RESPONSE
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DE Hon. Charles J. Crist, Jr. BY: RS Kenneth Sloan Nunnelley 998818
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FILED AS "RESPONSE TO MOTION FOR REHEARING" (O&7)
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11/06/2007
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NOTICE-SCRIVENER'S ERROR
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PT Ian Deco Lightbourne 078081 BY: PT Suzanne Keffer 150177
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O&7
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11/07/2007
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DISP-REHEARING DY
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(RC) Petitioner's Motion for Rehearing is hereby denied.
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12/27/2007
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ARCHIVES
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M/R Box 3084 (file) Box 3189, 3190 (add on)
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01/23/2008
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USSC CERTIORARI
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07A624
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- EXT REQUESTED
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01/29/2008
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USSC MOT/FILE CERT OUT-OF-TIME
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07A624
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- EXT GRANTED TO 04/05/2008
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04/03/2008
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USSC CERTIORARI
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07-10265
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& DOCKETED 04/07/08
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04/10/2008
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USSC NOT/CERT FILED IN FSC
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07-10265
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05/19/2008
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USSC DISP-CERTIORARI DY
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07-10265
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& DOCKETED 05/22/2008
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05/19/2008
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USSC DISP-CERTIORARI DY
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07A624
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ORDER RECEIVED 05/22/2008
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07/10/2008
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EXHIBITS RETURNED
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2 LARGE POSTERS & 2 BOXES
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