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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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09/08/2006
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Saysinh Khianthalat BY: PT Deborah Kucer Brueckheimer 278734
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09/12/2006
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No Fee - Insolvent
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INSOLVENT BELOW
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09/12/2006
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ORDER-STAY PROCEEDINGS FSC (DCA REH)
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The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Second District Court of Appeal. Counsel is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
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09/19/2006
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JURIS INITIAL BRIEF
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PT Saysinh Khianthalat BY: PT Deborah Kucer Brueckheimer 278734
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W/APPENDIX (O&5) (E-MAIL RCVD 10/11/06)
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09/20/2006
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ORDER-DISTRICT COURT OF APPEAL
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DATED 09/15/2006 (MOTION FOR REHEARING/CLARIFICATION ALTERNATIVE MOTION TO CERTIFY CONFLICT DENIED)
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09/22/2006
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STATUS REPORT
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PT Saysinh Khianthalat BY: PT Deborah K. Brueckheimer 0278734 - FILED AS LETTER W/COPY OF DCA ORDER DATED 09/15/2006 RE: REHEARING
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09/26/2006
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ORDER-BRIEF SCHED (MISC)
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The Court having been notified that the motion for rehearing filed in the Second District Court of Appeal is now final, respondent is allowed to and including October 23, 2006, in which to serve the answer brief on jurisdiction.
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10/25/2006
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Jonathan P. Hurley 160520
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(O&5 & E-MAIL)
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11/27/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Saysinh Khianthalat BY: PT Deborah Kucer Brueckheimer 278734
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O&6 (11/29/2006: WITHDRAWN)
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11/29/2006
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NOTICE-WITHDRAWAL
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PT Saysinh Khianthalat BY: PT Deborah Kucer Brueckheimer 278734
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FILED AS "MOTION TO WITHDRAW NOTICE OF SUPPLEMENTAL AUTHORITY" (O&6)
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01/17/2007
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. Petitioner's brief on the merits shall be served on or before February 12, 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. 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. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 19, 2007. The record shall include the briefs filed in the district court separately indexed.
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02/08/2007
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOLUME OF BRIEFS, 3 VOLUMES OF RECORD, CERT OF CLERK, & E-MAIL
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02/12/2007
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INITIAL BRIEF-MERITS
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PT Saysinh Khianthalat BY: PT Deborah Kucer Brueckheimer 278734
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W/APPENDIX (O&7 & E-MAIL)
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03/05/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Jonathan P. Hurley 160520
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03/30/2007: AMD MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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04/02/2007
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Jonathan P. Hurley 160520
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O&7 & E-MAIL (BRIEF LATE)
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04/09/2007
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent's answer brief on the merits was filed with this Court on April 2, 2007.
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05/04/2007
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LETTER
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PT Saysinh Khianthalat BY: PT Deborah Kucer Brueckheimer 278734
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DATED 05/01/2007 ADVISING COURT THE A REPLY BRIEF WILL NOT BE FILED.
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01/17/2008
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DISP-APPROVED
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Given the above, we hold that a defendant charged under section 800.04(4), Florida Statutes, with lewd or lascivious battery on a child twelve years of age or older but less than sixteen years of age is not entitled to an instruction on simple battery when the information did not allege lack of consent and the evidence presented at trial did not support lack of consent. Accordingly, we approve Khianthalat, 935 So. 2d 583, and disapprove Jackson, 920 So. 2d 737.
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02/08/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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1 VOLUME BRIEFS, 3 VOLUMES OF RECORD
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02/26/2008
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ARCHIVES
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1 FILE
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04/01/2008
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USSC CERTIORARI
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07-10315
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& ORDER REC'D 04/14/2008
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05/30/2008
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USSC DISP-CERTIORARI DY
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07-10315
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LETTER DATED 05/28/2008 FROM USSC
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