Florida Supreme Court Docket
Case Docket
Case Number: SC03-912 - Closed
STATE OF FLORIDA vs. THOMAS P. MCCABE
Lower Tribunal Case(s):2D02-2608
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4/30/2024 4:08:02 PM
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Date Docketed
Description
Filed by
Notes
05/15/2003
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
PT State Of Florida state1 BY: PT Katherine Vickers Blanco 327832
06/06/2003
No Fee - State
06/17/2003
MAIL RETURNED
PE Thomas P. Mccabe 166279 BY: PE Thomas P. Mccabe 166279 - RESENT ACKNOWLEDGMENT LETTER ON 6/25/03, TO NEW ADDRESS
09/08/2003
ORDER-SHOW CAUSE (MOOT)
WHY THE NOTICE TO INVOKE DISCRETIONARY JURISDICTION SHOULD NOT BE DISMISSED AS MOOT BECAUSE RESPONDENT HAS BEEN RELEASED FROM THE CUSTODY OF THE FLORIDA DEPARTMENT OF CORRECTIONS.
09/23/2003
RESPONSE
PT State Of Florida state1 BY: PT Katherine Vickers Blanco 327832
WHY THE NOTICE TO INVOKE DISCRETIONARY JURISDICTION SHOULD NOT BE DISMISSED AS MOOT BECAUSE RESPONDENT HAS BEEN RELEASED FROM THE CUSTODY OF THE FLORIDA DEPARTMENT OF CORRECTIONS. (O&7)
10/13/2004
ORDER-SHOW CAUSE (MOOT)
Having considered the State of Florida's response to this Court's order to show cause dated September 8, 2003, and given this Court's resolution in Franklin v. State, 29 Fla. L. Weekly S538 (Fla. Sept. 30, 2004), and State v. Green, 29 Fla. L. Weekly S549a (Fla. Sept. 30, 2004), of the issue presented by this case, petitioner is hereby directed to show cause on or before October 28, 2004, why this discretionary review proceeding should not now be dismissed as moot in light of respondent's release from the custody of the Florida Department of Corrections. Respondent may file a reply on or before November 8, 2004, through Susan L. Kelsey, Post Office Box 810, Tallahassee, Florida 32302-0810, who is hereby appointed counsel for respondent.
10/13/2004
ORDER-CASE STYLE CHANGE
11/01/2004
RESPONSE
PT State Of Florida state1 BY: PT Katherine Vickers Blanco 327832
TO OTSC DATED 10/13/04
11/08/2004
REPLY TO RESPONSE
RS Thomas P. Mccabe BY: RS Douglas E. Walker 0713031
TO OTSC DATED 10/13/04
02/17/2005
JURISDICTION ACCEPTED
02/17/2005
DISP-QUASHED & REMANDED
We accept jurisdiction, consolidate these cases for purposes of this opinion, summarily quash the decisions of the Second District Court of Appeal, and remand for reconsideration in light of our decisions in Franklin v. State, 887 So. 2d 1063 (Fla. 2004), and State v. Green, 887 So. 2d 1089 (Fla. 2004). We decline to address the additional issues, including those relating to resentencing, raised in several of these cases.
03/10/2005
MANDATE
CC: COUNSEL
03/24/2005
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