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Doc. Date Docketed Description Filed by Notes
03/14/2003 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Robert L. Battle, Jr. BY: PT Allyn M Giambalvo 239399
03/18/2003 No Fee - Insolvent PUBLIC DEFENDER
05/01/2003 ORDER-BRIEF SCHED (CERTIFIED)
05/14/2003 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold (CERTIFICATE OF CLERK & 2 VOLUMES W/ 3 SUPPLEMENTAL VOLUMES)
05/23/2003 INITIAL BRIEF-MERITS PT Robert L. Battle, Jr. BY: PT Allyn M Giambalvo 239399 (O&7) W/APPENDIX & DISKETTE
06/12/2003 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Katherine Coombs Cline 135747 (O&7) W/APPENDIX & DISKETTE
09/05/2003 ORDER-OA SCHED/JURIS ACCEPTED
09/15/2003 MOTION-ORAL ARGUMENT RESCHEDULE RS State Of Florida state1 BY: RS Katherine Coombs Cline 135747
09/17/2003 ORDER-ORAL ARGUMENT RESCHEDULE GR and the above case which was scheduled for oral argument on Wednesday, December 3, 2003, has been rescheduled for oral argument at 9:00 a.m., Wednesday, January 7, 2004. Sent to West 9/19/2003.
09/17/2003 ORAL ARGUMENT CALENDAR
12/15/2003 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on Wednesday, January 7, 2004, has been rescheduled for oral argument at 8:30 a.m., Friday, February 6, 2004.
12/15/2003 NOTICE-SUPPLEMENTAL AUTHORITY PT Robert L. Battle, Jr. BY: PT Allyn M Giambalvo 239399 0&7
01/23/2004 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Katherine Coombs Cline 135747 ORIGINAL ONLY; O&7 OF BOTH CASE ATTACHMENTS;01/29/04: AMENDED NOTICE OF SUPPLEMENTAL AUTHORITY FILED (O&7)
02/02/2004 MOTION-BRIEF SUPPLEMENTATION PT Robert L. Battle, Jr. BY: PT Allyn M Giambalvo 239399
02/02/2004 SUPP INITIAL BRIEF-MERITS PT Robert L. Battle, Jr. BY: PT Allyn M Giambalvo 239399 O&7 W/DISKETTE
02/04/2004 RESPONSE RS State Of Florida state1 BY: RS Katherine Coombs Cline 135747 TO MOTION FOR PERMISSION TO FILE A SUPPLEMENTAL BRIEF (FAXED COPY); 02/04/05: (O&8) FILED
02/04/2004 ORDER-OTHER SUBSTANTIVE The Court at this time defers ruling on the petitioner's Motion For Permission to File a Supplemental Brief. The parties shall be prohibited from arguing this issue at Oral Argument on Friday, February 6, 2004.
02/06/2004 ORAL ARGUMENT HELD
02/12/2004 ORDER-BRIEF SUPPLEMENTATION GR Petitioner's motion to file supplemental brief is granted and said brief was filed with this Court on February 2, 2004. Respondent is allowed to and including February 27, 2004, to serve a supplemental answer brief and petitioner is allowed to serve a supplemental reply brief ten (10) days after service of respondent's supplemental brief.
02/26/2004 SUPP ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Katherine Coombs Cline 135747 O&7 W/DISKETTE
03/22/2004 NOTICE-WAIVER OF FILING REPLY BRIEF PT Robert L. Battle, Jr. BY: PT Allyn M Giambalvo 239399 O&7
09/01/2005 DISP-AFFIRMED For the reasons stated above, we approve the decision of the Second District in Battle finding no fundamental error in failing to instruct on an essential element of the offense of attempted felony murder when that element was not in dispute. We disapprove the Fourth District's decision in Thompson to the extent that it conflicts with this opinion.
09/22/2005 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 2 VOLUMES W/ 3 SUPPLEMENTAL VOLUMES
09/22/2005 MANDATE CC: COUNSEL
11/16/2005 USSC CERTIORARI 05-7557 & DOCKETED ON 11/16/05
01/09/2006 USSC DISP-CERTIORARI DY 05-7557 & ORDER REC'D 01/17/2006
01/18/2006 ARCHIVES