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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03/31/2008
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT David Eric Hobbs BY: PT Michael S. Becker 267082
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04/01/2008
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No Fee - Insolvent
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INSOLVENT BELOW
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04/07/2008
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JURIS INITIAL BRIEF
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PT David Eric Hobbs BY: PT Brynn Newton 175150
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W/APPENDIX (O&5 & E-MAIL)
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04/10/2008
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MISC. DOCKET ENTRY
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PT David Eric Hobbs BY: PT Michael S. Becker 267082 (COURTESY COPY) FILED AS "MOTION TO RECALL AND STAY MANDATE" FILED IN DCA-5
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04/25/2008
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
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W/APPENDIX (O&5 & E-MAIL)
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05/20/2008
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case. 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 June 16, 2008; 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.
The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before July 21, 2008. The record shall include the briefs filed in the district court separately indexed.
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05/30/2008
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RECORD/TRANSCRIPT
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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3 VOLUMES
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06/18/2008
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INITIAL BRIEF-MERITS
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PT David Eric Hobbs BY: PT Brynn Newton 175150
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W/APPENDIX (O&7 &E-MAIL)
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07/07/2008
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Pamela J. Koller 775990
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07/07/2008
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MOTION-TOLL TIME
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RS State Of Florida state1 BY: RS Pamela J. Koller 775990
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FOR ANSWER BRF PENDING DISP OF MOT EXT OF TIME
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07/08/2008
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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 11, 2008, in which to serve the answer brief on the merits.
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08/13/2008
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Pamela J. Koller 775990
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W/APPENDIX (O&7 & E-MAIL)
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09/02/2008
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, November 4, 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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09/02/2008
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ORAL ARGUMENT CALENDAR
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09/05/2008
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REPLY BRIEF-MERITS
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PT David Eric Hobbs BY: PT Brynn Newton 175150
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O&7 & E-MAIL
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10/30/2008
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NOTICE-APPEARANCE
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PT David Eric Hobbs BY: PT Dale C. Carson 468428
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BY DALE C. CARSON, FOR PURPOSES OF REPRESENTATION FOR THE ORAL ARGUMENT ON 11/4/2008
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11/04/2008
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ORAL ARGUMENT HELD
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12/23/2008
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DISP-APPROVED
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For the reasons stated in this opinion, we approve the Fifth District's decision remanding this case to the trial court to conduct a new hearing and to make specific factual findings as to whether Hobbs' statement may be admitted under section 92.565. We disapprove the First District's decision in Kelly to the extent that the First District concluded that the State is unable to show the existence of the elements of the crime for purposes of section 92.565 only where the State's inability is caused by mental or physical disability of the victim at the time of the alleged offense.
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01/26/2009
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MANDATE
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CC: COUNSEL
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01/26/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk
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3 VOLUMES
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03/05/2009
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ARCHIVES
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file
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