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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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07/02/2002
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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07/11/2002
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No Fee - Insolvent
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PUBLIC DEFENDER
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08/09/2002
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ORDER-BRIEF SCHED (CERTIFIED)
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08/14/2002
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INITIAL BRIEF-MERITS
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7) W/DISKETTE & APPENDIX
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09/06/2002
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Trisha E. Meggs 45489
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(O&7) W/DISKETTE & APPENDIX
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09/19/2002
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REPLY BRIEF-MERITS
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7) W/DISKETTE
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09/24/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7)
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10/04/2002
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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ONE VOLUME & CC PAPERS
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10/15/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7)
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10/21/2002
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ORAL ARGUMENT CALENDAR
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THE COURT ACCEPTED JURISDICTION AND SCHEDULED CASE FOR ORAL ARGUMENT. SENT TO WEST 11/18/2002.
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10/21/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(0&7)
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10/22/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7)
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10/24/2002
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REQUEST-ORAL ARGUMENT
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RS State Of Florida state1 BY: RS Trisha E. Meggs 45489
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(FILED AS RESPONDENT'S REQUEST FOR THIS COURT TO RESCHEDULE ORAL ARGUMENT)
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10/31/2002
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MOTION-WITHDRAW (MISC)
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RS State Of Florida state1 BY: RS James W. Rogers 325791
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(FILED AS MOTION TO WITHDRAW REQUEST TO RE-SET ORAL ARGUMENT)
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10/31/2002
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NOTICE-COUNS SUBSTITUTION
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RS State Of Florida state1 BY: RS Daniel A. David 650412
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(AND NOTICE OF APPEARANCE)
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11/13/2002
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7)
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11/18/2002
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ORDER-WITHDRAW GR (MISC)
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01/03/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7)
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01/08/2003
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ORAL ARGUMENT HELD
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05/28/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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(O&7)
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10/14/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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O&7
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10/31/2003
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ORDER-RECORD SUPPLEMENTATION (DCA)
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The First District Court of Appeal is hereby directed to immediately supplement the record on appeal with the plea colloquy and the plea agreement entered in Case No. 89-15064-CF-A, Division CR-C; 11/21/2003: VACATED
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11/21/2003
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ORDER-VACATE
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The order of this Court dated October 31, 2003, is hereby vacated.
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12/02/2003
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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O&7
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05/10/2004
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ORDER-RECORD SUPPLEMENTATION (DCA)
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The Clerk of the First District Court of Appeal is hereby directed to immediately supplement the record on appeal with copies of the briefs filed by the parties with the First District Court of Appeal.
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05/13/2004
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SUPP RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME CC PAPERS AND 1 SUPPLEMENTAL RECORD; 05/17/04: COPY OF DCA ORDER DATED 11/14/01
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05/27/2004
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ORDER-BRIEF SUPPLEMENTATION
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The parties are hereby directed, within twenty (20) days of the date of this order, to simultaneously file supplemental briefs on the issue of whether the Wood v. State, 750 So. 2d 592 (Fla. 1999), two-year period applies to petitioner Bates' petition in that the record indicates that Bates was "in custody" under sentence of a court established by the laws of Florida beginning April 11, 1994, and through the date of the filing of the petition on September 7, 1999. See Fla. R. Crim. P. 3.850 (1994). The briefs are to specifically address the district court's holding that the trial court erred in finding Bates' claim untimely, stating:
"Here, Appellant was not in custody on the conviction he now challenges when he learned that counsel misadvised him, and so relief was unavailable to him under rule 3.850 as it contained a requirement, until Wood, that the movant be in custody. "
Bates v. State, 818 So. 2d 626, 629 (Fla. 1st DCA 2002). The briefs are to address Lawson v. State, 231 So. 2d 205 (Fla. 1970); Smith v. State, 784 So. 2d 460, 461 (Fla. 4th DCA 2000) (on rehearing); Weir v. State, 319 So. 2d 80 (Fla. 2d DCA 1975); see also Simmons v. State, 485 So. 2d 475 (Fla. 2d DCA 1986); Lawrence v. State, 404 So. 2d 1129 (Fla. 3d DCA 1981), and such other caselaw as petitioner or respondent assert that this Court should consider in respect to this issue.
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06/16/2004
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SUPP ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Daniel A. David 650412
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O&7 (NO DISKETTE) FILED AS RESPONSE TO ORDER OF THE COURT DATED 5/27/04
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06/17/2004
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SUPP INITIAL BRIEF-MERITS
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PT Gerald L. Bates BY: PT P. Douglas Brinkmeyer 0197890
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O&7, WITH DISKETTE
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10/21/2004
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DISP-QUASHED & REMANDED
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We quash the district court's decision and direct that the trial court's order denying relief for the reason that the petition was untimely be reinstated.
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11/12/2004
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOLUME RECORD & 1 SUPP VOLUME
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11/12/2004
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MANDATE
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CC: COUNSEL
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12/16/2004
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ARCHIVES
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