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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02/09/2006
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT State Of Florida state1 BY: PT Dale E. Tarpley 872921
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02/15/2006
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No Fee - State
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STATE APPEAL
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02/16/2006
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MISC. DOCKET ENTRY
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RS Gregory Carnell Weaver BY: RS Lisa Beth Lott 710555 - MOTION-STRIKE NOTICE DISCRETIONARY REVIEW (STYLED IN DCA)
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02/27/2006
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MOTION-STAY (PROCEEDINGS BELOW)
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PT State Of Florida state1 BY: PT Dale E. Tarpley 872921
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AND WITHDRAW MANDATE (O&1)
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03/10/2006
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MOTION-STRIKE
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RS Gregory Carnell Weaver BY: RS Lisa Beth Lott 710555
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FILED AS "RESPONSE TO STATE'S MOTION TO STAY AND WITHDRAW MANDATE; AND MOTION TO STRIKE NOTICE TO INVOKE DISCRETIONARY JURISDICTION"
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03/16/2006
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ORDER-STAY PROCEEDINGS BELOW GR
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Petitioner's motion to stay and withdraw mandate filed in the above cause is granted and proceedings in the Second District Court of Appeal and in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
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04/10/2006
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ORDER-STRIKE DY
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Upon consideration of Respondent's "Response to State's Motion to Stay and Withdraw Mandate and Motion to Strike Notice to Invoke Discretionary Jurisdiction" it is ordered that Respondent's Motion to Strike is hereby denied.
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04/21/2006
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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05/04/2006
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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(3 VOLUMES OF RECORD, 1 SUPPLEMENTAL VOLUME, 1 CONSTRUCTED VOLUME OF BRIEFS, CERTIFICATE OF CLERK & E-MAIL)
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05/18/2006
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Cerese Crawford Taylor 990760
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(O&7 & E-MAIL) (NO APPENDIX)
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05/23/2006
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APPENDIX
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PT State Of Florida state1 BY: PT Cerese Crawford Taylor 990760
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(05/24/06, REQUESTED COPIES) (7 COPIES RECVD 5/30/06)
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06/12/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Gregory Carnell Weaver BY: RS Lisa Beth Lott 710555
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06/21/2006
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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 is allowed to and including July 5, 2006, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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07/10/2006
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ANSWER BRIEF-MERITS
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RS Gregory Carnell Weaver BY: RS John C. Fisher 999865
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(O&7 & E-MAIL) (SERVED 1 DAY LATE)
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07/19/2006
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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RS Gregory Carnell Weaver BY: RS John C. Fisher 999865
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FOR RS ANSWER BRIEF (7/24/06 - AMD MOTION FILED)
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08/04/2006
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, December 6, 2006.
A maximum of twenty (20) minutes to the side is allowed, but counsel is expected to use only so much of that time as is necessary.
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08/04/2006
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ORAL ARGUMENT CALENDAR
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08/08/2006
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Respondent's motion to accept brief as timely filed and amendment thereto, are granted and respondent's answer brief was filed with this Court on July 10, 2006.
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12/04/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Cerese Crawford Taylor 990760
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(O&7)
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12/06/2006
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ORAL ARGUMENT HELD
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05/10/2007
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DISP-QUASHED & REMANDED
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Because bodily harm was never at issue in Weaver's case, and the State never argued or presented evidence of bodily harm, the trial court's inclusion of the bodily harm element in the jury instructions did not rise to the level of fundamental error. Accordingly, we answer "no" to the certified question and quash the district court's decision reversing Respondent's BOLEO conviction. We also disapprove Vega and Dixon to the extent they are inconsistent with this opinion. We remand this case to the district court for further proceedings consistent with this opinion.
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06/01/2007
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MANDATE
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CC: COUNSEL
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06/01/2007
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES OF RECORD, 1 SUPPLEMENTAL VOLUME, 1 CONSTRUCTED VOLUME OF BRIEFS
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08/08/2007
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ARCHIVES
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