Doc.
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Date Docketed
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Case Type
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Description
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Filed by
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Notes
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05/25/2018
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Death Penalty
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NOTICE-APPEAL (INITIAL)
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AA Donald James Smith 986205 BY: TA Julie Agent Schlax 93040
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05/29/2018
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Death Penalty
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No Fee - Insolvent
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05/29/2018
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Death Penalty
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Judgment & Sentence (dated May 2, 2018)
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05/29/2018
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Death Penalty
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Capital Sentencing Order (dated May 23, 2018)(Contains confidential information. Needs redaction prior to release.)
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05/29/2018
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Death Penalty
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JURY VOTE
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12-0 Death
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05/29/2018
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Death Penalty
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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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05/29/2018
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Death Penalty
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 08/13/2018; ROA: 09/04/2018
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05/31/2018
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Death Penalty
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NOTICE-APPEARANCE
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AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089
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Notice of Appearance
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06/04/2018
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Death Penalty
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COPY OF LOWER TRIBUNAL ORDER(S) APPOINTING COUNSEL
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Mallory Durden Cooper 660744 BY: Mallory Durden Cooper 660744
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Order Finding the Defendant Indigent for Purpose of Appeal and Appointing Public Defender as Appellate Counsel
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06/28/2018
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Death Penalty
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STATUS REPORT
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AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089
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First Status Report
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07/30/2018
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Death Penalty
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STATUS REPORT
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AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089
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Second Status Report
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08/29/2018
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Death Penalty
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STATUS REPORT
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AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089
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Third Status Report
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08/31/2018
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Death Penalty
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RECORD/TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Volume 1 (See Unredacted Record/Transcript filed 9/07/2018)
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08/31/2018
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Death Penalty
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TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Volume 2 (See Unredacted Transcript filed 4/09/2019)
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09/06/2018
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Death Penalty
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EXHIBITS
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Ronnie Fussell BY: Ronnie Fussell
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Copies (33 CDs Placed w/ File)
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09/07/2018
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Death Penalty
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RECORD/TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Volume 1 (Filed Electronically)(Unredacted)
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09/11/2018
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Death Penalty
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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 December 17, 2018; 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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09/13/2018
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Death Penalty
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MISC. DOCKET ENTRY
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AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089
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Certification of Ministerial Action Only
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09/13/2018
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Death Penalty
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DESIGNATION-PUBLIC DEFENDER
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AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089
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Designation of Public Defender of the Second Judicial Circuit for Purposes of Appeal
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09/14/2018
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Death Penalty
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MOTION-COUNS WITHDRAWAL BASED ON CONFLICT
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AA Donald James Smith 986205 BY: WD Gail Elizabeth Anderson 841544
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Motion to Withdraw as Appellate Counsel Based upon Conflict of Interest
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09/17/2018
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Death Penalty
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NOTICE-APPEARANCE
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Notice of Appearance as Counsel of Record
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09/20/2018
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Death Penalty
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ORDER-COUNS WITHDRAWAL BASED ON CONFLICT GR
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The Motion to Withdraw as Appellate Counsel Based upon Conflict of Interest filed in the above cause by the Office of the Public Defender for the Second Judicial Circuit is granted. We therefore temporarily relinquish jurisdiction of the above cause to the circuit court of the Fourth Judicial Circuit in and for Duval County, Florida, and direct that the circuit court within thirty days from the date of this order appoint conflict-free counsel to represent appellant in the appeal in this Court.
The circuit court shall immediately notify this Court upon appointment of new counsel. Within ten days of the date of the circuit court order appointing counsel, appellant's appointed counsel shall file a notice of appearance with this Court. A briefing schedule will be issued allowing newly appointed counsel one hundred days from the filing of the notice of appearance to file the initial brief on the merits.
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09/20/2018
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Death Penalty
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RELINQUISHMENT STARTED
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11/13/2018
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Death Penalty
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RELINQUISHMENT ENDED
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11/14/2018
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Death Penalty
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COPY OF LOWER TRIBUNAL ORDER(S) APPOINTING COUNSEL
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Mallory Durden Cooper 660744 BY: Mallory Durden Cooper 660744
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Order Appointing Conflict-Free Appellate Counsel (11/19/2018: Additional Hard Copies Filed)
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11/19/2018
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Death Penalty
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NOTICE-APPEARANCE
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Notice of Appearance
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11/19/2018
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Death Penalty
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ORDER-DEP BRIEF SCHED (100)
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The Notice of Appearance 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 February 27, 2019; 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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02/14/2019
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Death Penalty
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MOTION-STRIKE
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Motion to Clarify Opposing Counsel's Notice of Appearance (3/21/2019: Denied as Moot)
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02/27/2019
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Death Penalty
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Appellant's Unopposed Motion for Extension of Time
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03/04/2019
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Death Penalty
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant's motion for extension of time is granted and appellant is allowed to and including April 29, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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03/04/2019
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Death Penalty
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ORDER-RESPONSE/REPLY REQUESTED
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Appellee has filed a Motion to Clarify Opposing Counsel's Notice of Appearance. Appellant is hereby requested to file a response to the above-referenced motion on or before March 19, 2019.
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03/19/2019
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Death Penalty
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RESPONSE
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Response to the State's Motion to Clarify Opposing Counsel's Notice of Appearance
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03/21/2019
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Death Penalty
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ORDER-STRIKE DY
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The notice of appearance by Smith's counsel is deemed amended by the response filed pursuant to this Court's order. Accordingly, the motion to clarify the notice of appearance is denied as moot.
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04/09/2019
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Death Penalty
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TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Volume 2 (Filed Electronically)(Unredacted)
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04/29/2019
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Death Penalty
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Appellant's Second Unopposed Motion for Extension of Time
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05/01/2019
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Death Penalty
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant's motion for extension of time is granted in part, and appellant is allowed to and including May 20, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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05/20/2019
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Death Penalty
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Appellant's Third Unopposed Motion for Extension of Time
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05/21/2019
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Death Penalty
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant's motion for extension of time is granted, and appellant is allowed to and including May 28, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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05/28/2019
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Death Penalty
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Appellant's Fourth Motion for Extension of Time
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05/29/2019
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Death Penalty
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant's motion for extension of time is granted, and appellant is allowed to and including May 31, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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05/31/2019
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Death Penalty
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INITIAL BRIEF-MERITS
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Appellant's Initial Brief (Contains confidential information. Needs redaction prior to release.)
**Stricken, per 10/18/2019 order.**
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08/06/2019
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Death Penalty
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MOTION-COUNS WITHDRAWAL
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AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544
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Unopposed Motion to Withdraw
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08/09/2019
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Death Penalty
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MOTION-TOLL TIME
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Motion to Toll Answer Brief Pending Resolution of Defense Counsel's Motion to Withdraw
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08/12/2019
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Death Penalty
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ORDER-TOLLING GR
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Appellee's motion to toll time for filing the answer brief on the merits is granted, and the time for filing said brief is tolled pending resolution of Defense Counsel's Motion to Withdraw.
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08/16/2019
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Death Penalty
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ORDER-COUNS WITHDRAWAL GR
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The Unopposed Motion to Withdraw filed by Rocco J. Carbone, III is granted. We therefore temporarily relinquish jurisdiction of the above cause to the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, and direct that the circuit court, within thirty days from the date of this order, appoint counsel to represent appellant in the appeal in this Court.
The circuit court shall immediately notify this Court upon appointment of new counsel. Within ten days of the date of the circuit court order appointing counsel, appellant's appointed counsel shall file in this Court a notice of appearance pursuant to Florida Rule of Criminal Procedure 3.112(i).
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08/16/2019
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Death Penalty
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RELINQUISHMENT STARTED
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08/20/2019
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Death Penalty
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RELINQUISHMENT ENDED
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08/30/2019
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Death Penalty
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NOTICE-APPEARANCE
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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08/30/2019
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Death Penalty
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ORDER-CIRCUIT COURT
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Order Appointing Court-Appointed Counsel
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10/14/2019
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Death Penalty
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MOTION-OTHER SUBSTANTIVE
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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State's Motion to Issue a New Briefing Schedule
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10/14/2019
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Death Penalty
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MOTION-OTHER SUBSTANTIVE
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Motion to Set New Briefing Schedule
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10/14/2019
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Death Penalty
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NOTICE-APPEARANCE
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AA Donald James Smith 986205 BY: AA Richard Randall Kuritz 972540
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Notice of Appearance of Co-Counsel
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10/17/2019
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Death Penalty
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ORDER-DEP BRIEF SCHED (100)
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In light of the State's Motion to Issue a New Briefing Schedule and Appellant's newly appointed counsel's Motion to Set New Briefing Schedule, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before January 28, 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 medical emergency. The initial brief on the merits filed with this Court on May 31, 2019, is hereby stricken.
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01/23/2020
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Death Penalty
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MOTION-RECORD SUPPLEMENTATION
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Appellant's Motion to Supplement Record
*Amended motion filed 1/27/2020.*
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01/27/2020
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Death Penalty
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MOTION-RECORD SUPPLEMENTATION
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Appellant's Amended Unopposed Motion to Supplement Record
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01/27/2020
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Death Penalty
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Appellant's Motion to Extend Time to File Initial Brief
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01/27/2020
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Death Penalty
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Motion to Supplement the Record (copy attached) is granted. The trial court clerk is directed, on or before February 6, 2020, to supplement the record with items listed in the attached motion.
* THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
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01/27/2020
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Death Penalty
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant's motion for extension of time is granted and appellant has thirty days from the date the supplemental record is filed, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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02/07/2020
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Death Penalty
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SUPP RECORD/TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Supplemental Record on Appeal (Redacted) - Filed Electronically
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02/07/2020
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Death Penalty
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SUPP RECORD/TRANSCRIPT
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Ronnie Fussell BY: Ronnie Fussell
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Supplemental Record on Appeal (Unredacted) - Filed Electronically
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02/26/2020
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Death Penalty
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INITIAL BRIEF-MERITS
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Appellant's Initial Brief
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05/06/2020
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Death Penalty
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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First Motion for Extension of Time to File Answer Brief
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05/06/2020
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Death Penalty
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Appellee's motion for extension of time is granted, and appellee is allowed to and including June 5, 2020, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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06/05/2020
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Death Penalty
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Motion for Extension of Time to File Answer Brief
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06/08/2020
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Death Penalty
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Appellee's motion for extension of time is granted, and appellee is allowed to and including July 6, 2020, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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07/07/2020
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Death Penalty
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ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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07/09/2020
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Death Penalty
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Motion to Accept Answer Brief as Timely Filed
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07/10/2020
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Death Penalty
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Appellee's Motion to Accept Answer Brief as Timely Filed is granted and appellee's answer brief was filed with this Court on July 7, 2020.
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07/10/2020
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Death Penalty
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ORDER-PSI
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It is hereby ordered that the Florida Department of Corrections transmit to the Clerk of the Supreme Court of Florida forthwith the presentence investigation, if any, done on the sentencing of the above appellant on May 2, 2018. The presentence investigation shall include a cover page that includes the defendant's name and SEALED PRESENTENCE INVESTIGATION in 48 point bold font. It is preferable to transmit the presentence investigation via the statewide portal. If mailed, the presentence investigation shall be sealed in an interior envelope with the defendant's name and SEALED PRESENTENCE INVESTIGATION in 14 point bold font printed on the front of the interior envelope.
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08/04/2020
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Death Penalty
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Appellant's Unopposed Motion to Extend Time to File Reply Brief
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08/05/2020
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Death Penalty
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Appellant's motion for extension of time is granted and appellant is allowed to and including September 4, 2020, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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08/18/2020
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Death Penalty
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LETTER-DOC RE: NO PSI
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Via E-mail
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09/04/2020
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Death Penalty
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REPLY BRIEF-MERITS
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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Appellant's Reply Brief
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09/22/2020
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Death Penalty
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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., Wednesday, December 9, 2020. 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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09/22/2020
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Death Penalty
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Notice of Supplemental Authority: Johnson v. State, 135 So.3d 1002, 1029, n.11 (Fla. 2014)
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12/07/2020
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Death Penalty
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Notice of Supplemental Authority: Lawrence v. State, So. 3d, 45 Fla. L. Weekly S277, 2020 WL 6325895 (Fla. Oct. 29, 2020) (SC18-2061)
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12/09/2020
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Death Penalty
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ORAL ARGUMENT HELD
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04/22/2021
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Death Penalty
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DISP-AFFIRMED
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FSC-OPINION: We affirm Smith's judgment of conviction and sentence of death. It is so ordered.
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05/07/2021
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Death Penalty
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MOTION-REHEARING
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AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
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06/14/2021
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Death Penalty
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DISP-REHEARING DY
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Appellant's Motion for Rehearing is hereby denied.
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06/30/2021
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Death Penalty
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MANDATE
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06/30/2021
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Death Penalty
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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-Northern Region is hereby appointed to handle postconviction proceedings for appellant.
The Office of the Capital Collateral Regional Counsel-Northern 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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07/09/2021
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Death Penalty
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PUBLISH FULL
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07/20/2021
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Death Penalty
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NOTICE-REPOSITORY (AG)
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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Notice to State Attorney of Affirmance of Death Penalty
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07/23/2021
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Death Penalty
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LOWER TRIBUNAL DOCUMENTS
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Motion to Withdraw Based on Certification of Conflict of Interest
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08/02/2021
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Death Penalty
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NOTICE-APPEARANCE
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Eric Calvin Pinkard 651443 BY: Eric Calvin Pinkard 651443
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08/04/2021
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Death Penalty
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NOTICE-APPEARANCE
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Eric Calvin Pinkard 651443 BY: Eric Calvin Pinkard 651443
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Notice of Appearance
*Copy of notice previously filed on 8/2/2021*
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11/22/2021
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Death Penalty
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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 November 8, 2021 and placed on the docket November 17, 2021 as No. 21-6307.
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01/21/2022
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Death Penalty
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USSC Disp-Certiorari Dy
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The Court today entered he following order in the above-entitled case: The petition for a writ of certiorari is denied.
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