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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06/12/2006
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712
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06/15/2006
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No Fee - Insolvent
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INSOLVENT BELOW
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06/15/2006
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JURIS INITIAL BRIEF
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PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712
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W/APPENDIX (O&5 & E-MAIL)
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07/06/2006
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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W/APPENDIX (O&5 & E-MAIL)
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09/25/2006
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of 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 October 20, 2006; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 27, 2006. The record shall include the briefs filed in the district court separately indexed.
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10/25/2006
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INITIAL BRIEF-MERITS
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PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712
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(O&7) (NO E-MAIL) (CERT OF SERVICE NOT DATED) (NO APPENDIX)
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10/26/2006
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CERTIFICATE OF SERVICE (AMD)
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PT Juan Raul Cuervo BY: PT Leonard R. Ross 0332712 FOR INITIAL MERIT BRIEF
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10/26/2006
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APPENDIX
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PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712
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(O&7) (NO CERT OF SERVICE)
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11/06/2006
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CERTIFICATE OF SERVICE (AMD)
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PT Juan Raul Cuervo BY: PT Leonard R. Ross 0332712 FOR APPENDIX FILED ON 10/26/06
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11/08/2006
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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W/APPENDIX (O&7 & E-MAIL)
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11/20/2006
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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(1 VOLUME OF BRIEFS, 3 VOLUMES OF RECORD, 4 VOLUMES OF SUPP RECORD, & CC PAPERS)
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11/30/2006
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, February 13, 2007.
A maximum of twenty minutes to the side is allowed, 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.
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11/30/2006
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ORAL ARGUMENT CALENDAR
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01/12/2007
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ORDER-RECORD SUPPLEMENTATION (DCA)
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The Fifth District Court of Appeal is hereby directed, on or before February 1, 2007, to supplement the record on appeal with State's Exhibit #5 - Miranda Rights Card.
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01/29/2007
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SUPP RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 VOLUME WITH CERTIFICATE OF CLERK
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02/13/2007
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NOTICE-APPEARANCE
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PT Juan Raul Cuervo BY: PT Thomas J. Lukashow 871389
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O& E-MAIL
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02/13/2007
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ORAL ARGUMENT HELD
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07/12/2007
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DISP-REMAND FOR TRIAL
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For the reasons we have stated, we conclude that the trial court committed reversible error in denying the motion to suppress Cuervo's confession, which was elicited in disregard of his invocation of the right to remain silent guaranteed by the Fifth Amendment to the United States Constitution and article I, section 9 of the Florida Constitution. We therefore quash the Fifth District's decision affirming Cuervo's convictions and remand with directions to grant Cuervo a new trial in which the confession is excluded.
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07/23/2007
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Kristen L. Davenport 909130
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(O&7) (RC)
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10/15/2007
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DISP-REHEARING DY
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Respondent's Motion for Rehearing is hereby denied. (RC)
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12/07/2007
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MANDATE
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CC: COUNSEL
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12/07/2007
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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1 VOLUME OF BRIEFS, 3 VOLUMES OF RECORD, 4 VOLUMES OF SUPP RECORD, & CC PAPERS
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12/27/2007
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ARCHIVES
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