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Doc. Date Docketed Description Filed by Notes
08/11/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT Russell Owen Insko BY: PT Maureen E. Surber 153958
08/15/2006 No Fee - Insolvent INSOLVENT BELOW
08/17/2006 LETTER Hon. James Birkhold BY: Hon. James Birkhold RE: DCA AMDENDED COVER LETTER (WITH ATTACHMENT)
09/13/2006 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 9, 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 Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 13, 2006. The record shall include the briefs filed in the district court separately indexed.
10/06/2006 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Russell Owen Insko BY: PT Maureen E. Surber 153958
10/13/2006 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) - EXT TO 11/08/2006, NFE
10/20/2006 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold (1 VOLUME OF BRIEFS, 2 VOLUMES OF RECORD, CERT OF CLERK & E-MAIL)
11/07/2006 INITIAL BRIEF-MERITS PT Russell Owen Insko BY: PT Maureen E. Surber 153958 O&7 & E-MAIL
11/29/2006 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Susan D. Dunlevy 229032 O& 7 & E-MAIL
12/13/2006 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, April 17, 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.
12/13/2006 ORAL ARGUMENT CALENDAR
12/20/2006 NOTICE-WAIVER OF FILING REPLY BRIEF PT Russell Owen Insko BY: PT Maureen E. Surber 153958 FILED AS LETTER DATED 12/18/06
04/17/2007 ORAL ARGUMENT HELD
09/20/2007 DISP-APPROVED In light of the foregoing, we hold that the age of the defendant is an element of the offense of lewd or lascivious conduct under section 800.04(6). By failing to object to the instruction allowing the jury to find that he was under eighteen when he committed the offense, however, Insko waived the claim. We therefore approve the judgment below affirming Insko's conviction and sentence.
10/05/2007 MOTION-REHEARING PT Russell Owen Insko BY: PT Maureen E. Surber 153958 O&7(& E-MAIL) (RC)
10/15/2007 RESPONSE RS State Of Florida state1 BY: RS Robert Jay Krauss 238538 TO PETITIONER'S MOTION FOR REHEARING (O&7)
10/22/2007 LETTER PT Russell Owen Insko BY: PT Maureen E. Surber 153958 DATED 10/18/2007, W/ATTACHMENT, ADVISING THAT MOTION FOR REHEARING WAS OVERNIGHTED TO THE COURT BY DHL ON 10/04/2007, AND SIGNED FOR BY THIS COURT ON 10/05/2007 @ 9:32 A.M.
11/26/2007 DISP-REHEARING DY Petitioner's Motion for Rehearing is hereby denied. RC
12/12/2007 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 1 VOLUME OF BRIEFS, 2 VOLUMES OF RECORD
12/12/2007 MANDATE CC: COUNSEL
01/31/2008 ARCHIVES 1 File