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Doc. Date Docketed Description Filed by Notes
08/08/2006 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Eric Martinez BY: PT Robert Godfrey 162795
08/11/2006 No Fee - Insolvent INSOLVENT BELOW
08/14/2006 JURIS INITIAL BRIEF PT Eric Martinez BY: PT Robert Godfrey 162795 W/APPENDIX (O&5 W/E-MAIL)
08/30/2006 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Richard L. Polin 230987 (O&5 & E-MAIL)
07/03/2007 ORDER-OA&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Tuesday, November 6, 2007. 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. Petitioner's brief on the merits shall be served on or before July 30, 2007; respondent's 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. Please file an original and seven copies of all briefs. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED. The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 3, 2007. The record shall include the briefs filed in the district court separately indexed.
07/26/2007 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Eric Martinez BY: PT Robert Godfrey 162795
07/30/2007 NOTICE-APPEARANCE RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 AS COUNSEL FOR RESPONDENT (KRISTEN L. DAVENPORT)
07/31/2007 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including August 9, 2007, in which to serve the 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.
07/31/2007 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on November 6, 2007, has been rescheduled for oral argument at 9:00 a.m., December 4, 2007. 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.
08/10/2007 INITIAL BRIEF-MERITS PT Eric Martinez BY: PT Robert Godfrey 162795 O&7 & E-MAIL (NO APPENDIX)
08/16/2007 APPENDIX PT Eric Martinez BY: PT Robert Godfrey 162795 O&7 (TO INITIAL BRIEF MERITS) (NO COS)
08/20/2007 APPENDIX (AMENDED) PT Eric Martinez BY: PT Robert Godfrey 162795 O&7 (TO INITIAL BRIEF MERITS)
08/21/2007 ORDER-APPENDIX STRICKEN In light of petitioner's filing of an amended appendix with this Court on August 20, 2007, the petitioner's appendix filed with this Court on August 16, 2007, is hereby stricken.
09/05/2007 RECORD/TRANSCRIPT Mary Cay Blanks BY: Mary Cay Blanks CC PAPERS, 1 VOLUME OF RECORD; 1 VOLUME OF DCA BRIEFS (INITIAL & ANSWER); 09/06/2007, 1 VOLUME OF DCA BRIEF (REPLY) & E-MAIL
09/06/2007 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 O&7 & E-MAIL
09/26/2007 REPLY BRIEF-MERITS PT Eric Martinez BY: PT Robert Godfrey 162795 O&7 & E-MAIL
10/01/2007 ORDER-ORAL ARGUMENT RESCHEDULE At the direction of the Court, the above case which was scheduled for oral argument on December 4, 2007, has been rescheduled for oral argument at 8:30 a.m., Friday, December 7, 2007. 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.
10/04/2007 MOTION-ORAL ARGUMENT RESCHEDULE RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 UNOPPOSED
10/09/2007 ORAL ARGUMENT CALENDAR
10/09/2007 ORDER-ORAL ARGUMENT RESCHEDULE GR Respondent's motion to reschedule oral argument is granted and the above case which was scheduled for oral argument on December 7, 2007, has been rescheduled for oral argument at 9:00 a.m. Tuesday, December 4, 2007. 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.
11/07/2007 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 O&3 (4 COPIES REQ) (11/09/2007: 4 COPIES FILED)
11/09/2007 NOTICE-SUPPLEMENTAL AUTHORITY PT Eric Martinez BY: PT Robert Godfrey 162795 O&7
11/19/2007 NOTICE-SUPPLEMENTAL AUTHORITY PT Eric Martinez BY: PT Robert Godfrey 162795 O&7
11/28/2007 NOTICE-SUPPLEMENTAL AUTHORITY PT Eric Martinez BY: PT Robert Godfrey 162795 ORIGINAL (FORWARDED FROM DCA) MADE 7 COPIES
12/04/2007 ORAL ARGUMENT HELD
02/21/2008 DISP-APPROVED We hold that it is error for a trial court to read the forcible-felony instruction to the jury where the defendant is not charged with an independent forcible felony. However, the erroneous reading of this instruction constitutes fundamental error only when it deprives the defendant of a fair trial. See Smith, 521 So. 2d at 108. We approve the decision of the Third District that fundamental error did not occur during Martinez's trial, but not the reasoning of the Third District, and we disapprove of those district court decisions which hold that an erroneous reading of the forcible-felony instruction always constitutes fundamental error.
03/07/2008 MOTION-REHEARING PT Eric Martinez BY: PT Robert Godfrey 162795 O&7 (RC)
03/18/2008 RESPONSE RS State Of Florida state1 BY: RS Kristen L. Davenport 909130 TO MOTION FOR REHEARING (03/19/2007; 7 COPIES REQ'D); 03/20/2008: 7 COPIES FILED
04/29/2008 DISP-REHEARING DY Petitioner's Motion for Rehearing is hereby denied. (RC)
07/17/2008 ARCHIVES
08/27/2008 RECORD/TRANSCRIPT RETURNED Mary Cay Blanks BY: Mary Cay Blanks 1 VOLUME OF RECORD; 1 VOLUME OF DCA BRIEFS (INITIAL & ANSWER); 09/06/2007, 1 VOLUME OF DCA BRIEF (REPLY)