|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
04/06/2006
|
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
PT Shana Barnes BY: PT Shana Barnes
|
|
|
04/10/2006
|
MOTION-BRIEF PAGE ENLARGEMENT
|
PT Shana Barnes BY: PT Shana Barnes
|
|
|
04/13/2006
|
JURIS INITIAL BRIEF
|
PT Shana Barnes BY: PT Shana Barnes
|
W/APPENDIX (O&5) (BRIEF EXCEEDS TEN PAGE LIMIT)
|
|
04/20/2006
|
ORDER-FILING FEE DUE
|
|
The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including May 22, 2006, in which to submit the filing fee or an order of insolvency. Failure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
04/20/2006
|
ORDER-BRIEF PAGE ENLARGEMENT DY/STRICKEN
|
|
Petitioner's motion to file brief on jurisdiction in excess of page limitations is hereby denied and said brief filed with this Court on April 13, 2006, is hereby stricken. Petitioner is allowed to and including May 10, 2006, to serve an amended brief on jurisdiction which does not exceed ten (10) pages in length.
|
|
05/12/2006
|
JURIS INITIAL AMD BRIEF
|
PT Shana Barnes BY: PT Shana Barnes
|
(O&5) W/APPENDIX
|
|
05/22/2006
|
MOTION-IN FORMA PAUPERIS
|
PT Shana Barnes BY: PT Shana Barnes
|
|
|
06/02/2006
|
ORDER-IN FORMA PAUPERIS DY
|
|
Petitioner's motion for leave to proceed in forma pauperis is hereby denied without prejudice to file a motion in the First District Court of Appeal. Petitioner is allowed to and including July 5, 2006, in which to submit the filing fee or an order of insolvency from said district court. Failure to submit either of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
06/05/2006
|
MOTION-STRIKE
|
RS State Of Florida state1 BY: RS Robert R. Wheeler 796409
|
PETITIONER'S AMENDED JURISDICTIONAL BRIEF
|
|
06/05/2006
|
MOTION-TOLL TIME
|
RS State Of Florida state1 BY: RS Robert R. Wheeler 796409
|
|
|
06/19/2006
|
RESPONSE
|
PT Shana Barnes BY: PT Shana Barnes
|
TO MOTION TO STRIKE PETITIONER'S AMENDED JURISDICTIONAL BRIEF
|
|
08/07/2006
|
ORDER-STRIKE DY
|
|
Respondent's motion to strike petitioner's amended jurisdictional brief is hereby denied.
|
|
08/07/2006
|
ORDER-TOLLING GR
|
|
Respondent's motion to toll time for filing jurisdictional brief is granted and respondent is allowed to and including August 28, 2006, to serve said brief.
|
|
08/07/2006
|
ORDER-DISMISSAL RE: FAILURE TO COMPLY
|
|
In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410. We have not received the filing fee or order of insolvency in accordance with this Court's order dated June 2, 2006. Failure to file the above referenced documents with this Court within fifteen (15) days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
08/11/2006
|
ORDER-DISTRICT COURT OF APPEAL
|
|
ORDER OF INSOLVENCY
|
|
08/14/2006
|
No Fee - Insolvent
|
|
|
|
08/17/2006
|
RESPONSE
|
PT Shana Barnes BY: PT Shana Barnes
|
TO MOTION TO PROCEED IN FORMA PAUPERIS (W/ATTACHMENT) (08/22/06: ADVISED AN ORDER OF INSLOVENCY FROM THE DCA WAS FILED WITH THIS COURT ON 08/11/06)
|
|
08/28/2006
|
JURIS ANSWER BRIEF
|
RS State Of Florida state1 BY: RS Robert R. Wheeler 796409
|
O&5 W/APPENDIX (NO E-MAIL) (FOOTNOTE NOT SAME FONT AS BRIEF)
|
|
08/29/2006
|
ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
|
|
Respondent's jurisdictional brief with appendix, which was filed with this Court on August 28, 2006, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210(a)(2) and is hereby stricken. Respondent is hereby directed, on or before September 18, 2006, to serve an original and five (5) copies of an amended brief in which the footnotes shall be in the same size type, with the same spacing between characters, as the text of the brief.
|
|
09/14/2006
|
JURIS ANSWER AMD BRIEF
|
RS State Of Florida state1 BY: RS Thomas David Winokur 906336
|
(O&5 & EMAIL) (W/APPENDIX)
|
|
01/22/2007
|
ORDER-JURIS ACCEPT/BRIEF/COUNS (OA LATER DATE)
|
|
It is ordered that Louis K. Rosenbloum of 4300 Bayou Boulevard, Suite 36 Pensacola, Florida 32503 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 accepts jurisdiction of this case as to the First District Court of Appeal's opinion with the respect to permitting the jury to take an exhibit into the jury room. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before February 16, 2007; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
|
|
02/09/2007
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, September 19, 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.
|
|
02/09/2007
|
ORAL ARGUMENT CALENDAR
|
|
|
|
02/15/2007
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Shana Barnes BY: PT Louis K. Rosenbloum 194435
|
|
|
02/19/2007
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 16, 2007, 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.
|
|
03/19/2007
|
INITIAL BRIEF-MERITS
|
PT Shana Barnes BY: PT Louis K. Rosenbloum 194435
|
O&7 & E-MAIL
|
|
03/19/2007
|
RECORD/TRANSCRIPT
|
Jon S. Wheeler BY: Jon S. Wheeler
|
10 VOLUMES OF RECORD, 2 VOLUMES CC PAPERS (1BOX)
|
|
03/19/2007
|
APPENDIX
|
PT Shana Barnes BY: PT Louis K. Rosenbloum 194435
|
O&7
|
|
04/11/2007
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS State Of Florida state1 BY: RS Thomas David Winokur 906336
|
|
|
04/13/2007
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including May 11, 2007, 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.
|
|
05/14/2007
|
ANSWER BRIEF-MERITS
|
RS State Of Florida state1 BY: RS Thomas David Winokur 906336
|
O&7 & E-MAIL
|
|
06/05/2007
|
REPLY BRIEF-MERITS
|
PT Shana Barnes BY: PT Louis K. Rosenbloum 194435
|
O&7 & E-MAIL
|
|
07/11/2007
|
ORDER-RECORD SUPPLEMENTATION (DCA)
|
|
The First District Court of Appeal is hereby directed, on or before July 31, 2007, to supplement the record on appeal with State's Exhibit #99 (sworn testimony of the Petitioner, Shana Barnes).
|
|
08/24/2007
|
ORDER-RECORD SUPPLEMENTATION (DCA)
|
|
The First District Court of Appeal is hereby directed to immediately supplement
the record on appeal with the State's Exhibit #99 (sworn testimony of the Petitioner, Shana Barnes), which was filed in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, in case number 162000CF9397AXXXMA.
|
|
09/18/2007
|
SUPP RECORD/TRANSCRIPT
|
Jim Fuller BY: Jim Fuller
|
1 VOLUME (STATE'S EXHIBITS #99)
|
|
09/18/2007
|
SUPP RECORD/TRANSCRIPT
|
Jon S. Wheeler BY: Jon S. Wheeler
|
1 VOLUMES (STATE'S EXHIBIT #99) & CERTIFIED COPIES OF APPEAL PAPERS
|
|
09/19/2007
|
ORAL ARGUMENT HELD
|
|
|
|
11/29/2007
|
DISP-REMAND FOR TRIAL
|
|
It is impossible here, as it will most often be the situation, to divine what actually transpired when the jury retired to deliberate on the issue of the guilt or reasonable doubt that the presence of both the statement to police and the written transcript of her prior testimony in the jury room during deliberations, where the inconsistencies between these two documents could be viewed side by side, did not contribute to the guilty verdict. Therefore, we conclude that the State has not sustained its burden to demonstrate that the trial-court error in this case was harmless. See DiGuilio, 491 So. 2d at 1139; see also Young, 645 So. 2d at 968 (holding that while allowance of videotaped statements of children in the jury room during deliberations might not constitute fundamental error, it could not be deemed harmless). Accordingly, we are compelled to quash Barnes II and remand for a new trial.
|
|
12/20/2007
|
MANDATE
|
|
CC: COUNSEL
|
|
12/20/2007
|
RECORD/TRANSCRIPT RETURNED
|
Jon S. Wheeler BY: Jon S. Wheeler
|
10 VOLUMES, 1 SUPPLEMENTAL VOLUME
|
|
01/09/2008
|
ORDER-DISTRICT COURT OF APPEAL
|
|
DATED 01/09/2008 (FILED AS "ORDER ON MANDATE" W/ATTACHED MANDATE)
|
|
01/31/2008
|
ARCHIVES
|
|
1 File
|
