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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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02/24/2009
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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& NOTICE-DISCRETIONARY JURIS (CERT GPI) (03/06/2009: AMENDED NOTICE FILED)
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02/25/2009
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No Fee - State
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02/26/2009
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ORDER-BRIEF SCHED (JURIS ON MERIT CASE)
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The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before March 13, 2009, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
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03/09/2009
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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O&5
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03/09/2009
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JURIS INITIAL BRIEF
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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W/APPENDIX (O&5 & E-MAIL)
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03/11/2009
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ORDER-ACCEPTANCE AS TIMELY FILED DY (BRIEF)
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Petitioner's Unopposed Motion to Accept Late-Filed Jurisdictional Brief is hereby denied as moot in light of this Court's order dated February 26, 2009.
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03/23/2009
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JURIS ANSWER BRIEF
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RS Steven W. Montgomery BY: RS Richard Michael Summa 890588
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O&5 & E-MAIL
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04/02/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
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O&1
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04/08/2009
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ORDER-EXT OF TIME DY (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time in which to serve the initial brief on the merits is hereby denied as moot as no briefs on the merits are due at this time. The jurisdictional briefs pursuant to this Court's Order dated February 26, 2009, have been received by this Court.
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04/09/2009
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NOTICE-FILING
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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W/ATTACHMENTS
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05/07/2009
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ORDER-JURIS ACCEPTED/BRIEF SCHED
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The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument.
Petitioner's brief on the merits shall be served on or before June 1, 2009; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 7, 2009. The record shall include the briefs filed in the district court separately indexed.
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05/12/2009
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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O&7 & E-MAIL (NO APPENDIX)
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05/13/2009
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MOTION-REHEARING ON MISC ORDER
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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DATED 05/07/2009 FILED AS "MOTION TO CLARIFY ORDER OF MAY 7" (O&5)
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05/13/2009
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APPENDIX
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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TO INITIAL BRIEF-MERITS (O&8)
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05/14/2009
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NOTICE-WITHDRAWAL
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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OF MOTION TO CLARIFY ORDER OF MAY 7 & NOTICE OF FILING
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06/01/2009
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ANSWER BRIEF-MERITS
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RS Steven W. Montgomery BY: RS Richard Michael Summa 890588
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O&7 & E-MAIL
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06/11/2009
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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O&7 & E-MAIL
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07/07/2009
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ORAL ARGUMENT CALENDAR
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07/07/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m.,Wednesday, October 7, 2009.
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.
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07/09/2009
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOL. CC PAPERS, 2 VOLS. BRIEFS, 6 VOLS. RECORD & E-MAIL
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09/17/2009
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NOTICE
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RS Steven W. Montgomery BY: RS Richard Michael Summa 890588
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OF PROPOSED JURY INSTRUCTION FOR THE OFFENSE OF MANSLAUGHTER ***STRICKEN. SEE ORDER DATED 10/02/2009***
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09/22/2009
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MOTION-STRIKE
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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O&7
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09/23/2009
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RESPONSE
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RS Steven W. Montgomery BY: RS Richard Michael Summa 890588
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TO MOTION TO STRIKE NOTICE OF PROPOSED JURY INSTRUCTION FOR OFFENSE OF MANSLAUGHTER
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10/02/2009
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ORDER-STRIKE GR
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Petitioner's motion to strike is granted and the "Notice of Proposed Jury Instruction for the Offense of Manslaughter" is hereby stricken.
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10/07/2009
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ORAL ARGUMENT HELD
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10/08/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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O&3 (10/09/2009: 8 COPIES FILED)
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04/08/2010
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DISP-APPROVED
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we approve the decision of the First District Court of Appeal to the extent that it held that manslaughter by act does not require proof that the defendant intended to kill the victim and concluding that in this case, the use of the standard jury instruction on manslaughter constituted fundamental error. We answer the certified question in the negative and hold that the crime of manslaughter by act does not require that the State prove that the defendant intended to kill the victim. We further hold that the intent which the State must prove for the purpose of manslaughter by act is the intent to commit an act that was not justified or excusable, which caused the death of the victim. Moreover, we conclude that the use of the standard jury instruction on manslaughter constituted fundamental, reversible error in Montgomery's case and requires that Montgomery receive a new trial. Given our resolution of the certified question, we do not reach the certified conflict.
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04/23/2010
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MOTION-REHEARING
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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(RC) FILED AS "MOTION FOR REHEARING AND CLARIFICATION" (O&7)
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05/06/2010
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RESPONSE
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RS Steven W. Montgomery BY: RS Richard Michael Summa 890588
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TO MOTION FOR REHEARING (O&7)
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06/25/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Charles Richey Mccoy 333646
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06/28/2010
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DISP-REHEARING DY
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Petitioner's Motion for Rehearing and Clarification is hereby denied. (RC)
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07/15/2010
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MANDATE
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CC: COUNSEL
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07/15/2010
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RECORD/TRANSCRIPT RETURNED
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2 VOLS. BRIEFS, 6 VOLS. RECORD
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08/30/2010
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ARCHIVES
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