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Doc. Date Docketed Description Filed by Notes
06/12/2006 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712
06/15/2006 No Fee - Insolvent INSOLVENT BELOW
06/15/2006 JURIS INITIAL BRIEF PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712 W/APPENDIX (O&5 & E-MAIL)
07/06/2006 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 W/APPENDIX (O&5 & E-MAIL)
09/25/2006 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) 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.
10/25/2006 INITIAL BRIEF-MERITS PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712 (O&7) (NO E-MAIL) (CERT OF SERVICE NOT DATED) (NO APPENDIX)
10/26/2006 CERTIFICATE OF SERVICE (AMD) PT Juan Raul Cuervo BY: PT Leonard R. Ross 0332712 FOR INITIAL MERIT BRIEF
10/26/2006 APPENDIX PT Juan Raul Cuervo BY: PT Leonard R. Ross 332712 (O&7) (NO CERT OF SERVICE)
11/06/2006 CERTIFICATE OF SERVICE (AMD) PT Juan Raul Cuervo BY: PT Leonard R. Ross 0332712 FOR APPENDIX FILED ON 10/26/06
11/08/2006 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 W/APPENDIX (O&7 & E-MAIL)
11/20/2006 RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk (1 VOLUME OF BRIEFS, 3 VOLUMES OF RECORD, 4 VOLUMES OF SUPP RECORD, & CC PAPERS)
11/30/2006 ORDER-OA SCHED (PREV ACCEPTED) 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.
11/30/2006 ORAL ARGUMENT CALENDAR
01/12/2007 ORDER-RECORD SUPPLEMENTATION (DCA) 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.
01/29/2007 SUPP RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME WITH CERTIFICATE OF CLERK
02/13/2007 NOTICE-APPEARANCE PT Juan Raul Cuervo BY: PT Thomas J. Lukashow 871389 O& E-MAIL
02/13/2007 ORAL ARGUMENT HELD
07/12/2007 DISP-REMAND FOR TRIAL 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.
07/23/2007 MOTION-REHEARING RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 (O&7) (RC)
10/15/2007 DISP-REHEARING DY Respondent's Motion for Rehearing is hereby denied. (RC)
12/07/2007 MANDATE CC: COUNSEL
12/07/2007 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME OF BRIEFS, 3 VOLUMES OF RECORD, 4 VOLUMES OF SUPP RECORD, & CC PAPERS
12/27/2007 ARCHIVES