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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04/10/2018
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NOTICE-APPEAL (3.851 SUCCESSOR)
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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04/12/2018
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No Fee Required
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3.851 Proceeding
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04/12/2018
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Final Order Denying in Part and Dismissing in Part Defendant's Second Successive Motion to Vacate Judgments of Conviction and Sentence; Order Dismissing State's Motion to Strike; Directions to Clerk
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04/12/2018
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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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04/12/2018
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 06/29/2018; ROA: 07/19/2018
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04/12/2018
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ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL)
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Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
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04/16/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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AA James Milton Dailey 108509 BY: AA Laura Fernandez
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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04/16/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Laura Fernandez, on behalf of Appellant, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on April 16, 2018.
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04/16/2018
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Pro Hac Vice
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2018 - 1030376 Amount: $100
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Laura Fernandez
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04/16/2018
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FEE PAID-PRO HAC VICE
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AA James Milton Dailey 108509 BY: AA Laura Fernandez
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04/19/2018
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LOWER TRIBUNAL DOCUMENTS
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Hon. Frank Quesada, Judge 175551 BY: Hon. Frank Quesada, Judge 175551
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Notice of Hearing
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04/30/2018
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Filed Electronically (Large File - Placed on T: Drive)
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05/01/2018
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ORDER-DEP BRIEF SCHED (40)
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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 June 11, 2018; appellee's brief shall be filed twenty days after filing of appellant's brief; and appellant's reply brief shall be filed twenty days after filing of appellee's brief.
Motions for extension of time will be granted only due to a medical emergency.
The initial and answer briefs shall not exceed seventy-five pages. The reply brief shall not exceed twenty-five pages. Motions to file enlarged briefs will not be entertained by the Court.
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05/09/2018
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MOTION-RECORD SUPPLEMENTATION
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Motion to Correct/Supplement Record
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05/09/2018
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APPENDIX-MOTION
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Attachment to Motion to Correct/Supplement Record
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05/09/2018
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RESPONSE
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AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
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State's Objection to Appellant's Motion to Correct/Supplement the Record
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05/15/2018
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Motion to Correct/Supplement Record (copy attached) is hereby granted in part and denied in part. The trial court clerk is directed, on or before May 25, 2018, to supplement the record with Exhibit #2 from the prior postconviction hearing conducted in 2003.
*THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD - VOLUME 1, ETC." AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
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05/15/2018
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SUPP RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Filed Electronically
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05/23/2018
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STATUS REPORT
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Hon. Frank Quesada, Judge 175551 BY: Hon. Frank Quesada, Judge 175551
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06/11/2018
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INITIAL BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Initial Brief of Appellant
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06/11/2018
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NOTICE-APPEARANCE
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AA James Milton Dailey 108509 BY: AA Kara Renee Ottervanger 112110
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Notice of Appearance and Addition of Co-Counsel
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06/18/2018
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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AA James Milton Dailey 108509 BY: AA Cyd Oppenheimer
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510
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06/19/2018
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Cyd Oppenheimer, on behalf of Appellant, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on June 18, 2018.
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06/19/2018
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Pro Hac Vice
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2018 - 1030705 Amount: $100
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Cyd Oppenheimer
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06/19/2018
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FEE PAID-PRO HAC VICE
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AA James Milton Dailey 108509 BY: AA Cyd Oppenheimer
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06/21/2018
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MOTION-AMICUS CURIAE
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AA James Milton Dailey 108509 BY: MA Karen M. Gottlieb 199303
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Motion for Leave to File Amicus Brief by Right Reverend Neil Lebhar, Bishop of the Gulf Atlantic Diocese of the Anglican Church in North America, in Support of Appellant James Milton Dailey
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06/21/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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AA James Milton Dailey 108509 BY: MA Karen M. Gottlieb 199303
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Brief of Amicus Curiae Right Reverend Neil Lebhar, Bishop of the Gulf Atlantic Diocese of the Anglican Church in North America, in Support of Appellant
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06/21/2018
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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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Objection and Motion to Strike Brief of Reverend Neil Lebhar
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06/21/2018
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MOTION-AMICUS CURIAE
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AA James Milton Dailey 108509 BY: MA Michael R. Ufferman 114227
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Motion for Leave to File an Amicus Curiae Brief
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06/21/2018
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AMICUS CURIAE INITIAL BRIEF-MERITS
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AA James Milton Dailey 108509 BY: MA Michael R. Ufferman 114227
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Amicus Curiae Brief of the Innocence Network in Support of the Appellant
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06/22/2018
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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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Motion to Strike Brief of the Innocence Network
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07/02/2018
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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 the Appellee
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07/02/2018
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ORDER-STRIKE DY
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Appellee's Objection and Motion to Strike Brief of Reverend Neil Lebhar and Motion to Strike Brief of the Innocence Network are hereby denied.
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07/02/2018
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ORDER-AMICUS CURIAE GR
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The Motion for Leave to File Amicus Brief by Right Reverend Neil Lebhar filed with this Court on June 21, 2018, and the Motion for Leave to File an Amicus Curiae Brief by The Innocence Network filed with this Court on June 21, 2018, are hereby granted.
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07/23/2018
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REPLY BRIEF-MERITS
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Reply Brief of Appellant
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07/24/2018
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ORDER-NO REQ SCHED (MISC)
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The above case has been submitted to the Court without oral argument.
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10/03/2019
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DISP-AFFIRMED
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FSC-OPINION: For the reasons above, we affirm the circuit court's order denying in part and dismissing in part Dailey's successive motion for postconviction relief. It is so ordered.
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10/08/2019
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MOTION-REHEARING
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AA James Milton Dailey 108509 BY: AA Chelsea Rae Shirley 112901
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Motion for Rehearing and Clarification
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10/14/2019
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DISP-REHEARING DY
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Appellant's Motion for Rehearing and Clarification is hereby denied.
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10/14/2019
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MANDATE
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10/17/2019
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RECORD/TRANSCRIPT
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Ken Burke PINELLA BY: Ken Burke PINELLA
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Record on Appeal (Filed Electronically)(Added to SC19-1780 Docket)
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10/23/2019
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PUBLISH FULL
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01/21/2020
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USSC Not/Cert Filed in FSC
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The petition for a writ of certiorari in the above entitled case was filed on January 10, 2020 and placed on the docket January 15, 2020 as No. 19-7309.
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01/22/2020
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ORDER-NOTICE OF DELAY
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Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
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11/05/2020
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USSC Disp-Certiorari Dy
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The Court today entered the following order in the above-entitled case: The motion of United States Conference of Catholic Bishops, et al. for leave to file a brief as amici curiae is granted. The motion of Conservatives Concerned About The Death Penalty for leave to file a brief as amicus curiae
is granted. The petition for a writ of certiorari is denied.
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