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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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03/22/2006
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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RS Bruce Belvin BY: RS Richard Walter Springer 176285
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04/07/2006
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No Fee - State
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STATE APPEAL
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04/28/2006
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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 May 23, 2006; respondent's brief on the merits shall be served twenty (20) days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits. Please file an original and seven (7) 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 include 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 June 28, 2006. The record shall include the briefs filed in the district court separately indexed.
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05/19/2006
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Richard Valuntas 151084
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05/24/2006
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 22, 2006, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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06/06/2006
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOLUME OF RECORD
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06/23/2006
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Richard Valuntas 151084
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W/APPENDIX (O&7 & E-MAIL)
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07/06/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Bruce Belvin BY: RS Richard Walter Springer 176285
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(O&5)
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07/28/2006
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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 August 17, 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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08/17/2006
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ANSWER BRIEF-MERITS
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RS Bruce Belvin BY: RS Richard Walter Springer 176285
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W/APPENDIX (O&7 & E-MAIL)
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09/11/2006
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REPLY AMD BRIEF-MERITS
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PT State Of Florida state1 BY: PT Richard Valuntas 151084
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(NO COPIES FILED) (7 COPIES FILED ON 09/14/06)
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10/05/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Bruce Belvin BY: RS Richard Walter Springer 176285
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(O&7)
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02/26/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Bruce Belvin BY: RS Richard Walter Springer 176285
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(O&2) (03/05/2007 - 6 COPIES FILED)
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03/05/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Bruce Belvin BY: RS Richard Walter Springer 176285
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(O&7)
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05/01/2008
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DISP-APPROVED
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Based on the foregoing, we find the portions of the breath test affidavit containing the operator's procedures and observations in administering the breath test are testimonial and their admission at Belvin's criminal DUI trial without a prior opportunity to cross-examine the operator violated his right of confrontation under Crawford. We therefore answer the certified question in the affirmative and approve the decision of the Fourth District.
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05/16/2008
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MOTION-REHEARING
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PT State Of Florida state1 BY: PT Celia Terenzio 656879
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O&7 & E-MAIL (RC) (05/30/2008: AMENDED MOTION FOR REHEARING FILED (O&7))
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05/19/2008
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NOTICE-SCRIVENER'S ERROR
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FILED AS "NOTICE OF TYPOGRAPHIC ERROR IN MOTION FOR REHEARING (SEE ORDER DATED 05/23/2008)
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05/19/2008
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NOTICE-FILING
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OF APPENDIX TO PET'S MAY 16, 2008, MOTION FOR REHEARING
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05/19/2008
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APPENDIX
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TO MOTION FOR REHEARING
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05/23/2008
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ORDER-NOTICE SCRIVENER'S ERROR
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Petitioner's notice of typographic error in motion for rehearing has been docketed and placed with the above styled case without consideration by the Court. In the event petitioner wishes the Court to consider the error(s) referenced in the notice, a motion for permission to file an amended motion for rehearing and the amended motion for rehearing itself, which corrects the error(s), must be immediately filed with this Court.
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05/30/2008
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MOTION-MOTION AMENDMENT/SUPPLEMENT
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PT State Of Florida state1 BY: PT Katherine Yzquierdo Mcintire 521159
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FILED AS "MOTION FOR PERMISSION TO FILE AN AMENDED MOTION FOR REHEARING" (O&7)
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06/19/2008
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ORDER-MOTION AMENDMENT/SUPPLEMENT GR
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Petitioner's Motion for Permission to File an Amended Motion for Rehearing is hereby granted and said amendment was filed with this Court on May 30, 2008.
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07/08/2008
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DISP-REHEARING DY
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Petitioner's Amended Motion for Rehearing is hereby denied. (RC)
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07/24/2008
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MANDATE
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CC: COUNSEL
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07/24/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOLUME
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08/29/2008
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