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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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02/12/2001
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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02/13/2001
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Case Filing Fee
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2001 - 994017 Amount: $250
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02/13/2001
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Fee Paid in Full
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02/13/2001
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DISP-REV DISM UNTIMELY
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SEE OPINION FILED 11/21/2002.
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02/26/2001
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MOTION-REINSTATEMENT
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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ORIG--RC (MOT. FOR REH.)-- 3-1-01 7 C FILED. 4-10-01 TREATED AS A WRIT OF HABEAS CORPUS BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL.
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04/23/2001
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ORDER-RESPONSE/REPLY REQUESTED (SPEC ISSUE)
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RESPONDENT IS REQUESTED TO ADDRESS THE MERITS OF THE PETITION, AND ALSO TO INFORM THE COURT AS TO WHETHER THE FACTUAL ALLEGATIONS SET FORTH IN THE PETITION ARE CONTESTED.
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05/08/2001
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RESPONSE
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RS State Of Florida STATE3 BY: RS Diana Kay Bock 440711
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TO PETITION-HABEAS CORPUS (ORIG & 1)
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05/16/2001
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REPLY TO RESPONSE
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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TO PETITION-HABEAS CORPUS (ORIG & 7)
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06/22/2001
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ORDER-RESPONSE/REPLY REQUESTED (SPEC ISSUE)
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The Respondent and the Petitioner have filed a response and reply, respectively, pursuant to this Court's order of April 23, 2001. The response and the reply do not address the issues as requested by the Court. The issue before the Court is whether Petitioner's Motion for Rehearing, which has been treated as a petition for writ of habeas corpus based on ineffective assistance of counsel, should be granted. Petitioner has alleged error on the part of Petitioner's counsel as the reason for the failure to file the petition for review from the District Court's decision in a timely manner. Respondent is requested to respond to the question of whether Respondent contests the factual allegations as alleged in Petitioner's petition for writ of habeas corpus, and whether those facts would entitle Petitioner to file a belated petition for review in this Court.
Respondent is requested to serve an additional response addressing the above issues on or before July 9, 2001. The Petitioner may serve his reply on or before July 19, 2001.
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07/11/2001
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SUPPLEMENTAL RESPONSE
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RS State Of Florida STATE3 BY: RS Ha Thu Dao 487597
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TO PETITION-HABEAS CORPUS (O&7)
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07/11/2001
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APPENDIX
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RS State Of Florida STATE3 BY: RS Ha Thu Dao 487597
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TO SUPPLEMENTAL RESPONSE TO PETITION-HABEAS CORPUS
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07/18/2001
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SUPPLEMENTAL REPLY TO RESPONSE
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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TO PETITION-HABEAS CORPUS (O&7)
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10/08/2001
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DISP-REINSTATEMENT GR (APPEAL/CERTIFIED/ORIG)
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Petitioner's Motion to Reinstate Appeal is being treated as a Petition for Writ of Habeas Corpus based on ineffective assistance of appellate counsel for failure to timely file a Notice to Invoke Discretionary Jurisdiction, and is hereby granted. The Court will proceed with a briefing schedule on the case. (RC)
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10/08/2001
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ORDER-BRIEF SCHED (CERTIFIED)
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10/31/2001
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INITIAL BRIEF-MERITS
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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0&7 (DISK)
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10/31/2001
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REQUEST-ORAL ARGUMENT
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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11/02/2001
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APPENDIX
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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0&7
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11/16/2001
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida STATE3 BY: RS Ronald Napolitano 175130
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ALLOWED TO & INCLUDING 12/26/2001 (SEE NOTES)
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11/19/2001
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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11/21/2001
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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ONE VOLUME AND CC PAPERS
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11/21/2001
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NOTICE-COUNS SUBSTITUTION
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RS State Of Florida STATE3 BY: RS Ronald Napolitano 175130
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RONALD NAPOLITANO
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12/28/2001
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ANSWER BRIEF-MERITS
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RS State Of Florida STATE3 BY: RS Diana Kay Bock 440711
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W/APP. 0&7
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01/14/2002
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REPLY BRIEF-MERITS
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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(O&7)-DISKETTE
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02/13/2002
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ORAL ARGUMENT CALENDAR
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SENT TO WEST 02/19/02
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05/08/2002
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ORAL ARGUMENT HELD
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11/21/2002
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DISP-APPROVED
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WE ANSWER IN THE NEGATIVE.
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12/12/2002
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RECORD/TRANSCRIPT RETURNED
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1 VOL.
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12/12/2002
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MANDATE
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CC: COUNSEL
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12/20/2002
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ARCHIVES
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01/14/2003
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USSC CERTIORARI
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02-8636
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AND DOCKETED 1/24/03
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05/27/2003
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USSC CERTIORARI GRANTED
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02-8636
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& OPINION ISSUED (COPY REC'D 06/02/2003)
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06/20/2003
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SUPP INITIAL BRIEF-MERITS-USSC REMAND
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PT Clyde Timothy Bunkley BY: PT Clyde Timothy Bunkley
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(PRO SE)
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06/20/2003
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MISC. DOCKET ENTRY
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PS Clyde Timothy Bunkley 051390 - CERTIFICATE OF TIMELY FILING (RE: APPELLANT'S BRIEF ON THE MERITS)
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06/26/2003
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USSC MANDATE
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02-8636
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(COPY REC'D 07/01/2003)
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07/07/2003
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ORDER-BRIEF SCHED/COUNS APPTMT
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& the above case is on remand from the United States Supreme Court; It is ordered that John R. Cole, II, 46 North Washington Boulevard, Suite 24, Sarasota, Florida, 34236, is hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner's counsel only.
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07/07/2003
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ORDER-BRIEF STRICKEN AS UNAUTHORIZED
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Petitioner's pro se brief on the merits filed with this Court on June 20, 2003, is hereby stricken as unauthorized. Per this Court's order dated, July 7, 2002, all filings are to be made through petitioner's counsel only. A copy of petitioner's pro se brief on the merits is hereby furnished to counsel for petitioner.
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07/15/2003
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOLUME AND 1 VOLUME CC PAPERS
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07/23/2003
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SUPP INITIAL BRIEF-MERITS-USSC REMAND
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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FILED; 7/23/03 W/APPENDIX (O&7 W/DISKETTE)
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07/23/2003
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REQUEST-ORAL ARGUMENT
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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08/14/2003
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NOTICE-COUNS SUBSTITUTION
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RS State Of Florida STATE3 BY: RS Katherine Vickers Blanco 327832
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KATHERINE V. BLANCO
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08/14/2003
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NOTICE
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RS State Of Florida STATE3 BY: RS Katherine Vickers Blanco 327832
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TO THE COURT
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08/14/2003
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MOTION-RECORD SUPPLEMENTATION
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RS State Of Florida STATE3 BY: RS Katherine Vickers Blanco 327832
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CONTAINING THE STATE & FEDERAL POST-CONVICTION RECORDS & EXHIBITS PREVIOUSLY FORWARDED, UPON REQUEST, TO THE UNITED STATES SUPREME COURT IN BUNKLEY V. FL, USS CT CASE NO. 02-8636
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08/18/2003
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SUPP ANSWER BRIEF-MERITS-USSC REMAND
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RS State Of Florida STATE3 BY: RS Robert Jay Krauss 238538
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FILED; 8/18/03 O&7 W/DISKETTE
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08/28/2003
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SUPP REPLY BRIEF-MERITS-USSC REMAND
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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O&7 W/DISKETTE
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08/29/2003
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ORDER-RECORD SUPPLEMENTATION GR (MISC)
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Upon consideration of Respondent's Motion to Supplement or, in the Alternative, Submit Appendix Containing the State and Federal Post-Conviction Records and Exhibits Previously Forwarded, Upon Request, to the United States Supreme Court in Bunkley v. Florida, U.S.S.Ct. Case No. 02-8636, it is ordered that the motion to submit an appendix is granted and the State of Florida is allowed to and including September 8, 2003, to submit to this Court an appendix which contains the identical excerpts from the petitioner's prior state and federal court records which were submitted to the United States Supreme Court.
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09/04/2003
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ORDER-OA SCHED
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AFTER USSC REMAND
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09/04/2003
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ORAL ARGUMENT CALENDAR
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ON USSC REMAND - SENT TO WEST 9/12/2003
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09/08/2003
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NOTICE
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RS State Of Florida STATE3 BY: RS Katherine Vickers Blanco 327832
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OF FILING APPENDIX AND INDEX TO EXHIBITS/EXCERPTS FROM STATE & FEDERAL COURT RECORDS SUBMITTED TO U.S.S.CT
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09/08/2003
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APPENDIX
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RS State Of Florida STATE3 BY: RS Katherine Vickers Blanco 327832
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RECORDS A & B (1-9) FILED PURSUANT TO ORDER DATED 08/29/03
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10/07/2003
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ORAL ARGUMENT HELD
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05/27/2004
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DISP-APPROVED
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On remand, we reaffirm our decision in Bunkley. In answer to the United States Supreme Court's question, we clarify that at the time Bunkley's conviction became final, the question of whether Bunkley's knife fit within the "common pocketknife" exception in section 790.001(13) was a fact question properly answered by a jury instructed on the law. Bunkley was lawfully convicted by the unanimous decision of a jury of his peers properly instructed with the unambiguous law applicable at the time of his offense. He was also sentenced according to that law. Therefore, Bunkley's conviction does not violate the federal due process requirements stated in Fiore. L.B.'s subsequent, conventional change in our decisional law has no retroactive application and thus does not negate Bunkley's lawful conviction.
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06/17/2004
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MOTION-REHEARING/REINST STRICKEN (UNAUTHORIZED)
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PT Clyde Timothy Bunkley BY: PT Clyde Timothy Bunkley
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(RC) (FILED 1 DAY LATE BY PETITIONER PRO SE) (O&7) (06/21/04, ADVISED PETITIONER TO FILE A PROPER MOTION) (STRICKEN)
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06/30/2004
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MOTION-ACCEPTANCE AS TIMELY FILED (MISC)
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PT Clyde Timothy Bunkley BY: PT Clyde Timothy Bunkley
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FOR MOTION FOR REHEARING (O&1)
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07/09/2004
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MOTION-REHEARING
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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BY COUNSEL (FILED LATE) (O&7)
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08/02/2004
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MOTION-ACCEPTANCE AS TIMELY FILED (MISC)
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PT Clyde Timothy Bunkley BY: PT R. John Cole, Ii 191364
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FOR MOTION FOR REHEARING
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08/23/2004
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ORDER-ACCEPTANCE AS TIMELY FILED DY (MISC)
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Petitioner's pro se motion to accept motion for rehearing as timely filed is denied and petitioner's motion for rehearing filed with this Court on June 17, 2004, is hereby stricken.
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08/23/2004
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ORDER-ACCEPTANCE AS TIMELY FILED GR (MISC)
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Petitioner's motion to accept motion for rehearing as timely filed is granted and said motion was filed with this Court on July 9, 2004.
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09/15/2004
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DISP-REHEARING DY
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RC
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09/15/2004
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MANDATE
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CC:COUNSEL; CORRECTED MANDATE ISSUED 09/24/2004 TO REFLECT CORRECT OPINION DATE.
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09/15/2004
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RECORD/TRANSCRIPT RETURNED
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I VOLUME RECORD
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11/29/2004
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USSC CERTIORARI
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04-7567
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& DOCKETED 12/07/2004
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12/03/2004
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USSC NOT/CERT FILED IN FSC
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04-7567
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01/10/2005
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USSC DISP-CERTIORARI DY
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04-7567
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& ORDER REC'D 01/18/2005
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