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Doc. Date Docketed Description Filed by Notes
02/09/2006 NOTICE-DISCRETIONARY JURIS (CERT GPI) PT State Of Florida state1 BY: PT Dale E. Tarpley 872921
02/15/2006 No Fee - State STATE APPEAL
02/16/2006 MISC. DOCKET ENTRY RS Gregory Carnell Weaver BY: RS Lisa Beth Lott 710555 - MOTION-STRIKE NOTICE DISCRETIONARY REVIEW (STYLED IN DCA)
02/27/2006 MOTION-STAY (PROCEEDINGS BELOW) PT State Of Florida state1 BY: PT Dale E. Tarpley 872921 AND WITHDRAW MANDATE (O&1)
03/10/2006 MOTION-STRIKE RS Gregory Carnell Weaver BY: RS Lisa Beth Lott 710555 FILED AS "RESPONSE TO STATE'S MOTION TO STAY AND WITHDRAW MANDATE; AND MOTION TO STRIKE NOTICE TO INVOKE DISCRETIONARY JURISDICTION"
03/16/2006 ORDER-STAY PROCEEDINGS BELOW GR 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.
04/10/2006 ORDER-STRIKE DY 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.
04/21/2006 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
05/04/2006 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold (3 VOLUMES OF RECORD, 1 SUPPLEMENTAL VOLUME, 1 CONSTRUCTED VOLUME OF BRIEFS, CERTIFICATE OF CLERK & E-MAIL)
05/18/2006 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Cerese Crawford Taylor 990760 (O&7 & E-MAIL) (NO APPENDIX)
05/23/2006 APPENDIX PT State Of Florida state1 BY: PT Cerese Crawford Taylor 990760 (05/24/06, REQUESTED COPIES) (7 COPIES RECVD 5/30/06)
06/12/2006 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Gregory Carnell Weaver BY: RS Lisa Beth Lott 710555
06/21/2006 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
07/10/2006 ANSWER BRIEF-MERITS RS Gregory Carnell Weaver BY: RS John C. Fisher 999865 (O&7 & E-MAIL) (SERVED 1 DAY LATE)
07/19/2006 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) RS Gregory Carnell Weaver BY: RS John C. Fisher 999865 FOR RS ANSWER BRIEF (7/24/06 - AMD MOTION FILED)
08/04/2006 ORDER-OA SCHED (PREV ACCEPTED) 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.
08/04/2006 ORAL ARGUMENT CALENDAR
08/08/2006 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) 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.
12/04/2006 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Cerese Crawford Taylor 990760 (O&7)
12/06/2006 ORAL ARGUMENT HELD
05/10/2007 DISP-QUASHED & REMANDED 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.
06/01/2007 MANDATE CC: COUNSEL
06/01/2007 RECORD/TRANSCRIPT RETURNED Hon. James Birkhold BY: Hon. James Birkhold 3 VOLUMES OF RECORD, 1 SUPPLEMENTAL VOLUME, 1 CONSTRUCTED VOLUME OF BRIEFS
08/08/2007 ARCHIVES