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Doc. Date Docketed Description Filed by Notes
10/31/2005 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) RS Lemuel E. Isaac BY: RS Lemuel E. Isaac
11/10/2005 No Fee - State STATE APPEAL
11/22/2005 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) PT State Of Florida state1 BY: WD Thomas H. Duffy 470325 (O&1 & E-MAIL)
11/22/2005 JURIS INITIAL BRIEF PT State Of Florida state1 BY: WD Thomas H. Duffy 470325 W/APPENDIX (0&5 & E-MAIL)
12/05/2005 MOTION-COUNS APPOINTMENT RS Lemuel E. Isaac BY: RS Lemuel E. Isaac
12/13/2005 ORDER-STAY PROCEEDINGS FSC (TAG CASE) The proceedings in this Court in the above case are hereby stayed pending disposition of Galindez v. State, Case No. SC05-1341, which is pending in this Court.
05/07/2007 NOTICE-INQUIRY RS Lemuel E. Isaac BY: RS Lemuel E. Isaac
05/08/2007 ORDER-SHOW CAUSE (TAG-APPEAL-CONTROLLED BY LEAD CASE) Petitioner shall show cause on or before May 23, 2007, why this Court's decision in Galindez v. State, 32 Fla. L. Weekly S89 (Fla. Feb. 15, 2007), should not control the outcome of this case. Respondent may serve a reply on or before June 4, 2007.
05/22/2007 RESPONSE PT State Of Florida state1 BY: WD Giselle Lylen Rivera 508012 (O&7) TO ORDER DATED 05/08/2007
10/30/2007 MOTION-STRIKE RS Lemuel E. Isaac BY: RS Lemuel E. Isaac FILED AS "MOTION TO STRIKE LOWER COURTS ORDER" (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
10/30/2007 ORDER-MOTION AMENDMENT/SUPPLEMENT GR Respondent has filed a Motion to Strike Lower Court's Order, asserting in paragraph five that "[t]he Lower Courts thereafter sent Isaac an order again denying his 3.850 motion." Respondent is ordered to supplement his motion with a copy of that lower court order by November 9, 2007, with service on all parties. Petitioner shall by November 19, 2007, serve a response to respondent's motion. Respondent shall not serve a reply thereto. (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
11/14/2007 SUPPLEMENT RS Lemuel E. Isaac BY: RS Lemuel E. Isaac TO MOTION (SEE ORDER DATED 10/30/2007) (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
11/14/2007 MOTION-OTHER SUBSTANTIVE PT State Of Florida state1 BY: WD Giselle Lylen Rivera 508012 FILED AS "MOTION TO COMPEL COMPLIANCE WITH THIS COURT'S ORDER OF OCTOBER 30, 2007" ***WITHDRAWN - SEE NOTICE TO THE COURT FILED 11/15/2007*** (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
11/14/2007 MOTION-TOLL TIME PT State Of Florida state1 BY: WD Giselle Lylen Rivera 508012 FOR FILING OF RESPONSIVE PLEADING PURSUANT TO THIS COURT'S ORDER OF OCTOBER 30, 2007 ***WITHDRAWN - SEE NOTICE TO THE COURT FILED 11/15/2007*** (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
11/15/2007 MOTION-WITHDRAW (MISC) PT State Of Florida state1 BY: WD Giselle Lylen Rivera 508012 FILED AS "APPELLANT'S NOTICE TO THE COURT" TREATED AS NOTICE OF WITHDRAWAL (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
11/16/2007 RESPONSE PT State Of Florida state1 BY: WD Giselle Lylen Rivera 508012 PETITIONER'S RESPONSE TO RESPONDENT'S MOTION TO STRIKE LOWER COURT ORDER (O&7) (11/28/2007: REMOVED FROM SC05-2047 & PLACED IN SC07-2202)
12/03/2007 ORDER-OTHER SUBSTANTIVE Appellant's Motion to Strike Lower Courts Order which was initially filed in State v. Isaac, Case No. SC05-2047, has been removed from Case No. SC05-2047, treated as a notice of appeal and set up as Isaac v. State, Case No. SC07-2202. The order of this Court dated October 30, 2007; appellant's letter filed with this Court November 14, 2007; appellee's Motion to Compel Compliance With this Court's Order of October 30, 2007, and Motion to Toll Time for Filing of Responsive Pleading Pursuant to This Court's Order of October 30, 2007, filed with this Court on November 14, 2007; appellee's Notice to the Court filed November 15, 2007; and appellant's Response to Appellee's Motion to Strike Lower Court Order filed with this Court on November 16, 2007, which were originally filed in Case No. SC05-2047, have also been removed from Case No. SC05-2047 and placed in Case No. SC07-2202. (TO VIEW ORDER IN ITS ENTIRETY - SEE SC07-2202)
01/09/2008 ORDER-BRIEF SCHED/COUNS APPT (CERTIFIED) It is ordered that Isaac Ramon Ruiz-Carus of Wilkes & McHugh, P.A., One North Dale Mabry Highway, Suite 800 Tampa, Florida 33609-2755 is hereby appointed as counsel for respondent. All further pleadings for respondent shall be filed by the respondent's counsel only. Pursuant to Florida Rule of Appellate Procedure 9.140(f)(4), the district court of appeal is hereby directed, within twenty days from the date of this order, to provide to the above newly appointed counsel a copy of all filings before their court, including the record on appeal. The Court has postponed its decision on jurisdiction. Petitioner's initial brief on the merits shall be served on or before February 4, 2008; respondent's answer brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. The parties are specifically directed to address the following three issues in their respective briefs: (1) Whether any sentencing factor alleged to violate Apprendi v. New Jersey, 530 U.S. 466 (2000), and/or Blakely v. Washington, 542 U.S. 296 (2004), is harmless beyond a reasonable doubt under Galindez v. State, 955 So. 2d 517 (Fla. 2007); (2) Whether Apprendi and Blakely, apply to resentencings held after either or both decisions issued, in cases in which the convictions were final before Apprendi issued; and (3) Whether Blakely applies retrospectively to sentencing proceedings held after Apprendi issued, but which were final before Blakely issued. Please file an original and seven copies of all briefs. The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 11, 2008. The record shall include the briefs filed in the district court separately indexed.
01/31/2008 NOTICE-APPEARANCE PT State Of Florida state1 BY: PT Christine Ann Guard 173959 AND SUBSTITUTION OF COUNSEL - CHRISTINE ANN GUARD FOR GISELLE LYLEN RIVERA AND THOMAS H. DUFFY
01/31/2008 MOTION-RECORD SUPPLEMENTATION PT State Of Florida state1 BY: PT Christine Ann Guard 173959
02/20/2008 MOTION-TOLL TIME PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS "BELATED MOTION TO TOLL TIME" FOR INITIAL BRIEF
02/29/2008 ORDER-TOLLING GR Petitioner's motion to toll time for filing the initial brief on the merits is granted and the time for filing the initial brief on the merits is tolled pending resolution of the motion to supplement the record.
03/18/2008 RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME OF RECORD AND CERTIFIED COPIES
03/27/2008 ORDER-RECORD SUPPLEMENTATION GR (DCA) Petitioner's motion to supplement the record (copy attached) is granted, without prejudice to respondent to argue in its merits briefing that a harmless error analysis is inappropriate or inapplicable given the procedural posture of this case. The First District Court of Appeal is hereby directed, on or before May 27, 2008, to supplement the record on appeal with the records on appeal filed in the following two cases: Isaac v. State, case numbers 1D97-1350 and 1D01-3527, both of which originated in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, in case number 1995-3962. Counsel for petitioner is directed to take whatever steps are necessary to ensure that the supplemental record is filed within the time period designated and is further directed to submit status reports to this Court every twenty days as to the progress of the preparation of the supplemental record. Petitioner shall have twenty days after the filing of the supplemental record in this Court in which to serve the initial brief on the merits. The parties are still directed to address the issues specified in this Court's order dated January 15, 2008. Please file an original and seven copies of all briefs.
04/17/2008 STATUS REPORT PT State Of Florida STATE BY: PT Christine A. Guard 173959 RE: SUPPLEMENTAL RECORD - CLERK'S OFF IN THE PROCESS OF PREPARING SUPPL RECORD AND REQUESTING THE RECORDS FROM THE LOWER TRIBUNAL
05/02/2008 SUPP RECORD/TRANSCRIPT Jon S. Wheeler BY: Jon S. Wheeler VOLUMES 1 - 9 W/ INDEX
05/13/2008 MOTION-OTHER SUBSTANTIVE PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS "MOTION TO COMPEL AND MOTION TO TOLL TIME"
05/13/2008 MOTION-TOLL TIME PT State Of Florida state1 BY: PT Trisha Meggs Pate 45489
06/09/2008 ORDER-OTHER SUBSTANTIVE GR Petitioner has filed an unopposed "Motion to Compel and Motion to Toll Time." Ruling on the motion to compel is deferred and will be addressed in a future order of this Court. In the meantime, the motion to toll time is hereby granted. The time for petitioner to serve its initial brief on the merits is accordingly tolled pending resolution of the motion to compel.
02/11/2009 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) The Court exercises its jurisdiction and grants review in this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. Petitioner's initial brief on the merits shall be served on or before March 9, 2009; respondent's answer brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. The parties are specifically directed to address the following two issues in their respective briefs: (1) Whether Apprendi v. New Jersey, 530 U.S. 466 (2000), applies to resentencing proceedings held after Apprendi issued, in cases in which the convictions were final before Apprendi issued; and (2) Whether Blakely v. Washington, 542 U.S. 296 (2004), applies retroactively to such resentencing proceedings held after Apprendi issued, but which were final before Blakely issued. Please file an original and seven copies of all briefs. In our order of January 9, 2008 (which the present order supersedes and replaces as to briefing), we specifically directed the parties to address the issue of whether any sentencing factor alleged to violate Apprendi and/or Blakely is harmless beyond a reasonable doubt under Galindez v. State, 955 So. 2d 517 (Fla. 2007). However, upon further consideration, the parties are specifically directed to not address this issue. Petitioner's motion to compel service of copies of the supplemental record upon both parties is hereby accordingly denied.
02/17/2009 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Petitioner's motion to accept brief as timely filed is granted and Petitioner's jurisdictional brief was timely filed with this Court on November 22, 2005.
03/09/2009 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida state1 BY: PT Christine Ann Guard 173959
03/13/2009 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's Motion for Extension of Time is granted insofar as petitioner is afforded an extra sixty days in which to serve its initial brief on the merits. Petitioner in this case (as well as in State v. McGriff, Case No. SC07-436 and State v. Fleming, Case No. SC06-1173) thus has until May 12, 2009 to serve its initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
05/12/2009 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Christine Ann Guard 173959 W/APPENDIX (0&7 & E-MAIL)
06/01/2009 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Lemuel E. Isaac BY: RS Isaac R. Ruiz-Carus 17004
06/09/2009 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted and respondent is allowed to and including August 7, 2009, in which to serve the answer brief on the merits.
08/07/2009 ANSWER BRIEF-MERITS RS Lemuel E. Isaac BY: RS Isaac R. Ruiz-Carus 17004 O&7 & E-MAIL
08/25/2009 NOTICE-WAIVER OF FILING REPLY BRIEF PT State Of Florida state1 BY: PT Christine Ann Guard 173959
02/01/2010 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, April 8, 2010. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
02/01/2010 ORAL ARGUMENT CALENDAR
02/05/2010 LETTER-CASE STATUS INQUIRY Sedrick Johnson BY: Sedrick Johnson DATED 02/01/2010 (02/08/10: advised that the above styled case is still pending before this Court and oral argument has been scheduled in the above case for April 8, 2010.)
04/08/2010 ORAL ARGUMENT HELD
12/03/2010 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Christine Ann Guard 173959 O&7
01/21/2011 LETTER-CASE STATUS INQUIRY Steven G. Stoddard BY: Steven G. Stoddard DATED 01/15/2011 (01/24/11: please be advised that the above case is still pending before this Court and there is no time frame set in which it will be decided.)
03/11/2011 NOTICE-INQUIRY RS Lemuel E. Isaac BY: RS Lemuel E. Isaac DATED 03/10/2011 (03/17/2011: advised that the above case was orally argued on April 8, 2010, and is still pending before this Court. There is no time frame set in which it will be decided.)
06/16/2011 **DISP-DISCHARGED We previously granted review of Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), to resolve a certified conflict in the district courts regarding the applicability of Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), to resentencing proceedings which became final after Apprendi and Blakely issued where the conviction and the original sentence were final before they issued. See art. V, § 3(b)(4), Fla. Const; State v. Isaac, 4 So. 3d 677 (Fla. 2009) (granting review). We resolved this conflict, however, in State v. Fleming, 36 Fla. L. Weekly S50 (Fla. Feb. 3, 2011), revised, 36 Fla. L. Weekly S198 (Fla. Apr. 28, 2011) (granting motion for clarification in part and remanding for harmless error analysis). Accordingly, we have determined to discharge jurisdiction in Isaac and dismiss this review proceeding.
06/23/2011 MAIL RETURNED SEDRICK JOHNSON - OPINION (NO FORWARDING ADDRESS - PLACED WITH FILE)
06/29/2011 MOTION-STAY (USSC APPLICATION REVIEW) PT State Of Florida state1 BY: PT Christine Ann Guard 173959 FILED AS "MOTION TO STAY DISMISSAL PENDING RESOLUTION OF PETITION FOR WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT"
07/06/2011 ORDER-STAY PROCEEDINGS USSC GR Petitioner's Motion to Stay Dismissal Pending Resolution of Petition for Writ of Certiorari in the United States Supreme Court is hereby granted in part and proceedings in this Court, 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 only to and including August 5, 2011, to allow the State of Florida to seek review in the Supreme Court of the United States and obtain any further stay from that court.
08/25/2011 MANDATE CC: COUNSEL
08/25/2011 RECORD/TRANSCRIPT RETURNED Jon S. Wheeler BY: Jon S. Wheeler 1 VOLUME RECORD AND 9 VOLUMES SUPPLEMENTAL RECORD
08/31/2011 ARCHIVES File