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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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03/26/2007
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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03/30/2007
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JURIS INITIAL BRIEF
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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O&5 & E-MAIL (NO APPENDIX)
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04/02/2007
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No Fee - State
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04/04/2007
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APPENDIX
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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ORIGINAL &5 - FILED AS: "NOTICE OF FILING OPINION"
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04/04/2007
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MOTION-STAY (PROCEEDINGS BELOW)
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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O&1 & E-MAIL
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04/04/2007
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NOTICE-FILING
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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OF DCA OPINION (E-MAIL)
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04/10/2007
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ORDER-STAY PROCEEDINGS BELOW DY
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Petitioner's motion to stay mandate filed in the above styled cause is hereby denied.
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04/23/2007
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JURIS ANSWER BRIEF
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RS Charles Allan Kettell, Sr. BY: RS Bruce P. Taylor 224936
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O&5 & E-MAIL
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07/03/2007
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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., November 8, 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 July 30, 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 Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 3, 2007. The record shall include the briefs filed in the district court separately indexed.
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07/17/2007
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SUPP RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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5 VOLUMES OF RECORD AND 1 CONSTRUCTED VOLUME OF BRIEFS ( & E-MAIL)
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07/26/2007
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ORAL ARGUMENT CALENDAR
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07/26/2007
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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 8, 2007, has been rescheduled for oral argument at 9:00 a.m., Wednesday, December 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.
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07/30/2007
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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O&7 & E-MAIL (NO APPENDIX)
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08/02/2007
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APPENDIX
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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O&5 (TO INITIAL BRIEF-MERITS) (08/06/07: 2 MORE COPIES RECEIVED)
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08/20/2007
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ANSWER BRIEF-MERITS
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RS Charles Allan Kettell, Sr. BY: RS Bruce P. Taylor 224936
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O&7 & E-MAIL
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08/31/2007
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Richard Michael Fishkin 69965
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O&7 & E-MAIL (E-MAIL FORMAT IS OFF SET; NEW E-MAIL REQUESTED)
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12/05/2007
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NOTICE-APPEARANCE
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RS Charles Allan Kettell, Sr. BY: RS Alisa Smith 794805
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ALISA SMITH (12/06/2007: COPY FILED)
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12/05/2007
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ORAL ARGUMENT HELD
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04/24/2008
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DISP-APPROVED
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We hold that the wanton or malicious intent element of the crime defined by section 790.19, Florida Statutes, is not established solely by evidence that a defendant fired a shot at, within, or into a building. The State also must prove that the shooting was done wantonly or maliciously as those terms are defined in the standard jury instruction. We therefore approve the decision of the Second District in this case and disapprove the Fifth District's decision in Holtsclaw. We remand this case for further proceedings consistent with this opinion.
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05/15/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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5 VOLUMES OF RECORD AND 1 CONSTRUCTED VOLUME OF BRIEFS
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07/17/2008
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ARCHIVES
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