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Doc. Date Docketed Description Filed by Notes
06/24/2008 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342
06/30/2008 JURIS INITIAL BRIEF PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342 W/APPENDIX (O&5 & E-MAIL)
07/01/2008 No Fee - State
07/23/2008 JURIS ANSWER BRIEF RS Randolph Wightman BY: RS James Terrence Miller 293679 O&5 & E-MAIL
11/18/2008 ORDER-JURIS ACCEPTED/BRIEF SCHED The Court accepts jurisdiction, but postpones its decision as to whether the above case will be submitted to the Court with or without oral argument. Petitioner's brief on the merits shall be served on or before December 15, 2008; 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. 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. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before January 19, 2009. The record shall include the briefs filed in the district court separately indexed.
12/09/2008 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 1 CERT. OF CLERK, 1 CONSTRUED VOL. OF BRIEFS & 3 VOLS. OF RECORD (E-MAIL)
12/17/2008 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342 O&7 & E-MAIL
12/22/2008 APPENDIX PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342 TO INITIAL BRIEF-MERITS (O&7) NO CERTIFICATE OF SERVICE
12/29/2008 APPENDIX (AMENDED) PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342 TO INITIAL BRIEF-MERITS (O&7)
12/31/2008 ORDER-APPENDIX STRICKEN In light of the filing of Petitioner's Amended Appendix to Initial Brief on the Merits, filed with this Court on December 29, 2008, the Petitioner's Appendix to Initial Brief on the Merits, filed on December 22, 2008, is hereby stricken.
01/16/2009 ANSWER BRIEF-MERITS RS Randolph Wightman BY: RS James Terrence Miller 293679 O&7 & E-MAIL
03/30/2009 NOTICE RS Randolph Wightman BY: RS Randolph Wightman OF APPEARANCE BY THIRD PARTY INTERVENOR
03/30/2009 MISC. DOCKET ENTRY FILED AS "DEFENANT'S RELEASE BOND" AE Randolph Wightman
04/01/2009 ORDER-OA SCHED (PREV ACCEPTED) The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Monday, June 1, 2009. 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. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
04/01/2009 ORAL ARGUMENT CALENDAR
04/14/2009 NOTICE-APPEARANCE PT State Of Florida state1 BY: PT Anne E. Sheer 0015199
05/28/2009 ORDER-BRIEF STRICKEN Petitioner's initial brief on the merits, which was filed with this Court on December 17, 2008, is hereby stricken. Petitioner is hereby directed, on or before June 1, 2009, to file an original and seven copies of an amended initial brief on the merits which deletes all references to the victim's identity.
06/01/2009 INITIAL AMD BRIEF-MERITS PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342 W/APPENDIX (O&9 & E-MAIL)
06/01/2009 ORAL ARGUMENT HELD
06/19/2009 NOTICE-SUPPLEMENTAL AUTHORITY PT State Of Florida state1 BY: PT Elba Caridad Martin-Schomaker 513342 O&7
07/02/2009 DISP-REV DISM IMPROVIDENTLY GRANTED (OA) We initially accepted jurisdiction to review the decision of the Second District Court of Appeal in Wightman v. State, 982 So. 2d 74 (Fla. 2d DCA 2008), based on express and direct conflict with State v. Generazio, 691 So. 2d 609 (Fla. 4th DCA 1997), and Lazarowicz v. State, 561 So. 2d 392 (Fla. 3d DCA 1990). After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss review. NO MOTION FOR REHEARING WILL BE ALLOWED.
09/15/2009 ARCHIVES Files