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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02/07/2023
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Death Penalty
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NOTICE-APPEAL (3.851 SUCCESSOR)
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AA Donald David Dillbeck 068610 BY: AA Baya Harrison 99568
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02/07/2023
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Death Penalty
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No Fee Required
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3.851 Proceeding
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02/07/2023
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Death Penalty
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Order Denying Defendant's Fourth Successive Motion for Postconviction Relief and Motion for Stay of Execution
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02/07/2023
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Death Penalty
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ORDER-DEP WARRANT SCHEDULE
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ISSUED IN CASE NO. SC77752 ON 1/23/2023: Because the Governor has signed a death warrant for the execution of Donald David Dillbeck at 6:00 p.m., February 23, 2023, we direct that all further proceedings in this case be expedited.
The proceedings pending in the trial court, if any, shall be completed and orders entered by 3:00 p.m., Tuesday, February 07, 2023.
We hereby set the following briefing schedule for any proceeding that may come before this Court. The notice of appeal shall be filed by 10:00 a.m., Wednesday, February 08, 2023. The record on appeal shall be filed by 3:00 p.m., Wednesday, February 08, 2023. The initial brief on the merits shall be filed by 3:00 p.m., Friday, February 10, 2023. The answer brief on the merits shall be filed by 3:00 p.m., Monday, February 13, 2023. The reply brief on the merits shall be filed by 3:00 p.m., Tuesday, February 14, 2023. Oral argument, if necessary, will be scheduled at a later date.
Copies of any pleadings filed by counsel in the trial court and the federal courts shall be served simultaneously with filing in the other courts to the following address: warrant@flcourts.org.
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02/07/2023
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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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02/07/2023
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Death Penalty
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RECORD/TRANSCRIPT
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Gwen Marshall LEON BY: Gwen Marshall LEON
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Record on Appeal - Filed Electronically
*See Corrected Record filed 2/9/2023*
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02/07/2023
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Death Penalty
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MOTION-RECORD SUPPLEMENTATION
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AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857
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Motion to Supplement the Record
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02/08/2023
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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 8, 2023, at 3:00 p.m., to supplement the record with the items listed in the attached motion.
* THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
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02/09/2023
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Death Penalty
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SUPP RECORD/TRANSCRIPT
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Gwen Marshall LEON BY: Gwen Marshall LEON
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Corrected Record on Appeal - Filed Electronically
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02/09/2023
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Death Penalty
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SUPP RECORD/TRANSCRIPT
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Gwen Marshall LEON BY: Gwen Marshall LEON
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Supplemental Record - Filed Electronically
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02/10/2023
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Death Penalty
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INITIAL BRIEF-MERITS
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AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857
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Initial Brief of Appellant
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02/10/2023
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Death Penalty
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REQUEST-ORAL ARGUMENT
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AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857
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Appellant/Petitioner's Motion for Oral Argument
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02/10/2023
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Death Penalty
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MOTION-STAY (EXECUTION)
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AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857
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Appellant/Petitioner's Motion for Stay of Execution
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02/13/2023
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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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02/13/2023
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Death Penalty
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RESPONSE
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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State's Response to Motion to Stay the Execution
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02/13/2023
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Death Penalty
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RESPONSE
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AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
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State's Response to Motion for Oral Argument
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02/14/2023
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Death Penalty
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REPLY BRIEF-MERITS
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AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857
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Appellant's Reply Brief
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02/14/2023
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Death Penalty
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NOTICE-FILING
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AA Donald David Dillbeck 068610 BY: AA Linda Mcdermott 102857
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Notice of Filing Second Supplemental Appendix in Support of Fourth Successive Motion for Postconviction Relief
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02/15/2023
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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 Strike Extra-Record Material
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02/16/2023
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Death Penalty
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ORDER-STRIKE DY
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The State's Motion to Strike Extra-Record Material is hereby denied as moot.
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02/16/2023
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Death Penalty
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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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02/16/2023
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Death Penalty
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DISP-AFFIRMED
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FSC-OPINION: For the above reasons, we affirm the circuit court's summary denial of Dillbeck's fourth successive postconviction motion. We also deny Dillbeck's habeas petition and his pending motions for stay of execution and oral argument. No rehearing will be entertained by this Court, and the mandate shall issue immediately. It is so ordered.
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02/16/2023
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Death Penalty
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MANDATE
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