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Doc. Date Docketed Description Filed by Notes
11/29/2006 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Thomas J. Morgan BY: PT Thomas J. Morgan TREATED COLLECTIVELY WITH "NOTICE OF APPEAL" AS ONE NOTICE TO INVOKE DISCRETIONARY JURISDICTION
11/29/2006 NOTICE PT Thomas J. Morgan BY: PT Thomas J. Morgan FILED AS A "NOTICE OF APPEAL" AND TREATED COLLECTIVELY WITH NOTICE TO INVOKE AS ONE NOTICE TO INVOKE DISCRETIONARY JURISDICTION
12/11/2006 No Fee Required 3.850 BELOW
12/21/2006 INITIAL BRIEF-MERITS PT Thomas J. Morgan BY: PT Thomas J. Morgan
01/16/2007 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Mark John Hamel 842621 (O&5 & E-MAIL)
01/17/2007 ORDER-BRIEF SCHED/COUNS APPT (CERTIFIED) It is ordered that Bruce Rogow of 500 East Broward Boulevad., Suite. 1930, Fort Lauderdale, Florida 33394 is hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner's counsel only. Pursuant to Florida Rule of Appellate Procedure 9.140(f)(4), the district court of appeal is hereby directed, within twenty days from the date of this order, to provide to the above newly appointed counsel a copy of all filings before their court, including the record on appeal. The Court has postponed its decision on jurisdiction. Petitioner's initial brief on the merits shall be served on or before March 12, 2007; respondent's answer 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 Fourth 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.
01/17/2007 ORDER-BRIEF STRICKEN In light of this Court's order dated January 17, 2007, appointing counsel for petitioner, it is ordered that petitioner's pro-se initial brief on the merits filed with this Court on December 21, 2006, is hereby stricken. Petitioner's initial brief on the merits, filed by counsel, shall be served on or before March 12, 2007.
01/18/2007 ORDER-BRIEF STRICKEN AS UNAUTHORIZED Respondent's brief on jurisdiction is hereby stricken as unauthorized as jurisdictional briefs are not allowed pursuant to Florida Rule of Appellate Procedure 9.120(d) on cases invoking this Court's jurisdiction under Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi).
01/23/2007 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOLUME OF BRIEF & 6 VOLUMES OF RECORD
03/13/2007 INITIAL BRIEF-MERITS PT Thomas J. Morgan BY: PT Bruce S. Rogow 67999 W/APPENDIX (O&7 & E-MAIL)
04/04/2007 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Mark John Hamel 842621 O&7 & E-MAIL
05/01/2007 REPLY BRIEF-MERITS PT Thomas J. Morgan BY: PT Bruce S. Rogow 67999 O&7 & E-MAIL
05/01/2007 REQUEST-ORAL ARGUMENT PT Thomas J. Morgan BY: PT Bruce S. Rogow 67999 O&3
05/15/2007 ORDER-OA SCHED/JURIS ACCEPTED The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Monday, October 8, 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.
05/15/2007 ORAL ARGUMENT CALENDAR
05/15/2007 LETTER-CANON NOTIFICATION RE: JUSTICE RE: JUSTICE PARIENTE, RESPONSES DUE 06/04/07
06/04/2007 LETTER RS State Of Florida state1 BY: RS Mark John Hamel 842621 DATED 06/01/2007, ADVISING COURT THAT STATE AGREES THAT JUSTICE PARIENTE SHOULD NOT BE DISQUALIFIED IN THIS CASE.
10/08/2007 ORAL ARGUMENT HELD
10/11/2007 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Mark John Hamel 842621 O&5
11/09/2007 NOTICE RS State Of Florida state1 BY: RS Mark John Hamel 842621 OF SIMILAR ISSUE PENDING BEFORE THE SUPREME COURT OF THE UNITED STATES
01/14/2008 NOTICE-ADDRESS CHANGE PT Thomas J. Morgan BY: PT Thomas J. Morgan (FILED BY PETITIONER PRO SE) HARDEE CORRECTIONAL INSTITUTION (PLACED W/FILE)
01/14/2008 NOTICE-SUPPLEMENTAL AUTHORITY RS State Of Florida state1 BY: RS Mark John Hamel 842621
07/10/2008 DISP-APPROVED IN PART We therefore approve the result, affirmance of the denial of postconviction relief, reached by Fourth District but hold that a claim of ineffective assistance of counsel can be based on counsel's advice to reject a favorable plea offer. To the extent that the court in Morgan holds to the contrary based on Gonzales, we disapprove that portion of the opinion. We also approve the decisions in Gomez and Sharpe to the extent they are consistent with this opinion.
07/21/2008 MOTION-REHEARING RS State Of Florida state1 BY: RS Mark John Hamel 842621 (RC) FILED AS "MOTION CLARIFICATION"
09/19/2008 DISP-REHEARING DY Respondent's Motion for Clarification is hereby denied. (RC)
10/17/2008 MANDATE CC: COUNSEL
10/17/2008 RECORD/TRANSCRIPT RETURNED Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOLUME OF BRIEFS, 6 VOLUMES OF RECORD
12/22/2008 ARCHIVES