|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
07/30/2003
|
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
|
|
|
08/04/2003
|
MOTION-MANDATE RECALL
|
PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
|
|
|
08/05/2003
|
No Fee - State
|
|
|
|
08/12/2003
|
ORDER-STAY PROCEEDINGS BELOW GR
|
|
Petitioner's Motion to Recall the Mandate filed in the above cause is granted and proceedings in the First District Court of Appeal and in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida are hereby stayed pending disposition of the petition for review filed herein.
|
|
08/12/2003
|
ORDER-BRIEF SCHED (CERTIFIED)
|
|
The Court has postponed its decision on jurisdiction. Petitioner's initial brief on the merits shall be served on or before September 8, 2003; respondent's answer brief on the merits shall be served twenty (20) days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits. Please file an original and seven (7) copies of all briefs.
|
|
09/08/2003
|
INITIAL BRIEF-MERITS
|
PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
|
W/APPENDIX (O&7 W/DISKETTE)
|
|
10/07/2003
|
ANSWER BRIEF-MERITS
|
RS Henry Maynard Barnum BY: RS Kathleen Ann Stover 0513253
|
O&7 W/DISKETTE
|
|
10/09/2003
|
RECORD/TRANSCRIPT
|
Jon S. Wheeler BY: Jon S. Wheeler
|
4 VOLUMES OF RECORD AND 1 CC PAPERS
|
|
10/10/2003
|
REPLY BRIEF-MERITS
|
PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
|
O&5 (NO DISKETTE); 10/27/03: 2 COPIES AND DISKETTE FILED
|
|
11/14/2003
|
ORDER-OA SCHED/JURIS ACCEPTED
|
|
|
|
11/14/2003
|
ORAL ARGUMENT CALENDAR
|
|
SENT TO WEST 11/21/2003
|
|
12/16/2003
|
MOTION-AMICUS CURIAE
|
MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Kirk Nathaniel Kirkconnell 111988
|
|
|
12/19/2003
|
RESPONSE
|
PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
|
IN OBJECTION TO MOTION FOR LEAVE FILE AMICUS CURIAE BRIEF (FACDL) (O&7)
|
|
12/29/2003
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by The Florida Association of Criminal Defense Lawyers (FACDL) is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on December 31, 2003.
|
|
12/31/2003
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Kirk Nathaniel Kirkconnell 111988
|
O&7 W/DISKETTE
|
|
02/04/2004
|
ORAL ARGUMENT HELD
|
|
|
|
03/16/2004
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
RS Henry Maynard Barnum BY: RS Kathleen Ann Stover 0513253
|
O&7
|
|
09/22/2005
|
DISP-QUASHED
|
|
For the stated reasons, we approve the decision in Sweeney and quash the First District's decision in Barnum. Pursuant to Witt, our holding in Thompson is not retroactive. Further, since we have now squarely held that all decisions of this Court disagreeing with a statutory construct previously rendered by a district court constitute "changes" in the applicable law from the law at the time of conviction, we recede from the "clarification/change" scheme and the "ceding" of discretion analysis voiced in Klayman and reiterate that retroactivity will be adjudged solely through operation of the Witt standard with an overlay of the Fiore due process considerations.
|
|
10/05/2005
|
MOTION-TOLL TIME
|
RS Henry Maynard Barnum BY: RS Kathleen Ann Stover 0513253
|
TIME FOR FILING REHEARING MOTION (O&1)
|
|
10/05/2005
|
MOTION-EXT OF TIME (REHEARING/REINSTATEMENT)
|
RS Henry Maynard Barnum BY: RS Kathleen Ann Stover 0513253
|
(RC) (O & E-MAIL)
|
|
10/11/2005
|
ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT)
|
|
- EXT TO 10/24/2005, NFE (RC)
|
|
10/24/2005
|
MOTION-REHEARING
|
RS Henry Maynard Barnum BY: RS Kathleen Ann Stover 0513253
|
(O&7)
|
|
11/03/2005
|
RESPONSE
|
PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
|
TO MOTION FOR REHEARING (O&7)
|
|
02/09/2006
|
DISP-REHEARING DY IN LIGHT OF REVISED OPINION
|
|
In light of the revised opinion, the Respondent's Motion for Rehearing is hereby denied.
|
|
02/27/2006
|
MANDATE
|
|
CC: COUNSEL
|
|
02/27/2006
|
RECORD/TRANSCRIPT RETURNED
|
Jon S. Wheeler BY: Jon S. Wheeler
|
4 VOLUMES
|
|
05/10/2006
|
USSC CERTIORARI
|
05-11376
|
& ORDER REC'D 06/14/06
|
|
07/07/2006
|
ARCHIVES
|
|
|
|
10/30/2006
|
USSC DISP-CERTIORARI DY
|
05-11376
|
ORDER RCVD 11/06/06
|
