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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03/13/2007
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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03/20/2007
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No Fee Required
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9.141 SUMMARY APPEAL BELOW
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03/20/2007
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SUPPLEMENT
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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TO NOTICE-DISCRETIONARY JURIS
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04/11/2007
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ORDER-DISMISSAL RE: FAILURE TO COMPLY
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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 petitioner's jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedue 9.120(d). Failure to file the above referenced documents with this Court within fifteen 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.
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04/25/2007
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JURIS INITIAL BRIEF
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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O&7 & E-MAIL (EXCEEDS 10 PGS / NO APPENDIX)
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04/30/2007
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's initial jurisdictional brief, which was filed with this Court on April 25, 2007, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210(a)(5) and is hereby stricken. Petitioner is hereby directed, on or before May 21, 2007, to serve an original and five copies of an amended jurisdictional brief which does not exceed ten pages, and include an appendix containing only a conformed copy of the decision of the district court of appeal.
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.
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05/08/2007
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JURIS INITIAL AMD BRIEF
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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O&5 & E-MAIL (EXCEEDS 10 PGS)
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05/10/2007
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ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
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Petitioner's amended jurisdictional brief with appendix, which was filed with this Court on May 8, 2007, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before May 30, 2007, to serve an original and five copies of an amended brief which does not exceed ten pages in length, and include an appendix containing only a conformed copy of the decision of the district court of appeal.
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.
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05/17/2007
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JURIS INITIAL AMD BRIEF
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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W/APPENDIX (O&5 & E-MAIL)
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06/06/2007
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Giselle Lylen Rivera 508012
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W/APPENDIX (O&8 & E-MAIL)
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07/09/2007
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Monday, November 5, 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.
Petitioner's brief on the merits shall be served on or before August 3, 2007; respondent's 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. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED.
The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 10, 2007. The record shall include the briefs filed in the district court separately indexed.
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07/19/2007
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INITIAL BRIEF-MERITS
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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O&7 & E-MAIL
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07/23/2007
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APPENDIX
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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O&7 (TO INITIAL BRIEF-MERITS) (07/25/07: CERTIFICATE OF SERVICE AND COMPLIANCE FILED) (O&7)
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07/30/2007
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on November 5, 2007, has been rescheduled for oral argument at 9:00 a.m., Thursday, December 6, 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.
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08/09/2007
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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VOLUMES I - XXII W/CC APPEAL PAPERS & 1 VOLUME DCA BRIEF (NOT E-FILED) - 1 BOX
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08/13/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Giselle Lylen Rivera 508012
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08/14/2007
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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 September 12, 2007, in which to serve the answer brief on the merits.
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09/12/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Christine Ann Guard 173959
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09/14/2007
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's Emergency Motion for Second Extension of Time is granted and respondent is allowed to and including September 17, 2007, in which to serve the answer brief on the merits.
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09/17/2007
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Trisha Meggs Pate 45489
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O&7 & E-MAIL (STRICKEN-SEE ORDER DATED 09/27/2007)
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09/18/2007
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on December 6, 2007, has been rescheduled for oral argument at 9:00 a.m., Wednesday, January 9, 2008. 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.
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09/19/2007
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MOTION-BRIEF AMENDMENT
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RS State Of Florida state1 BY: RS Trisha Meggs Pate 45489
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FILED AS "UNOPPOSED MOTION TO ACCEPT AND SUBSTITUTE AMENDED ANSWER BRIEF"
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09/19/2007
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ANSWER AMD BRIEF-MERITS
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RS State Of Florida state1 BY: RS Trisha Meggs Pate 45489
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(O&7 & E-MAIL)
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09/27/2007
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ORDER-BRIEF AMENDMENT GR
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Respondent's Unopposed Motion to Accept and Substitute Amended Answer Brief is granted and said amended brief was filed with this Court on September 19, 2007. Respondent's Answer Brief filed with this Court on September 17, 2007, is hereby stricken.
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12/04/2007
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ORAL ARGUMENT CALENDAR
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12/04/2007
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on January 9, 2008, has been rescheduled for oral argument at 8:30 a.m., Friday, February 8, 2008. 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.
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02/08/2008
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ORAL ARGUMENT HELD
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08/28/2008
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DISP-QUASHED & REMANDED
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For the reasons expressed above, we quash the decision of the First District in Thompson II and remand with directions for a new sentencing proceeding. We hold that the standard enunciated by the United States Supreme Court in Strickland is the appropriate standard for determining prejudice with regard to an ineffective assistance of counsel claim based on counsel's failure to disqualify the presiding judge. We approve of the decisions of the Second District in Kleppinger and the Fourth District in Goines to the extent that they are consistent with this opinion.
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09/18/2008
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MANDATE
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CC: COUNSEL
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09/18/2008
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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VOLUMES I - XXII - 1 BOX
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11/07/2008
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ARCHIVES
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file
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01/28/2019
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LETTER
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PT Melvin B. Thompson BY: PT Phil Patterson 444774
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