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Doc. Date Docketed Description Filed by Notes
03/31/2008 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT David Eric Hobbs BY: PT Michael S. Becker 267082
04/01/2008 No Fee - Insolvent INSOLVENT BELOW
04/07/2008 JURIS INITIAL BRIEF PT David Eric Hobbs BY: PT Brynn Newton 175150 W/APPENDIX (O&5 & E-MAIL)
04/10/2008 MISC. DOCKET ENTRY PT David Eric Hobbs BY: PT Michael S. Becker 267082 (COURTESY COPY) FILED AS "MOTION TO RECALL AND STAY MANDATE" FILED IN DCA-5
04/25/2008 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 W/APPENDIX (O&5 & E-MAIL)
05/20/2008 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) 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.
05/30/2008 RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 3 VOLUMES
06/18/2008 INITIAL BRIEF-MERITS PT David Eric Hobbs BY: PT Brynn Newton 175150 W/APPENDIX (O&7 &E-MAIL)
07/07/2008 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Pamela J. Koller 775990
07/07/2008 MOTION-TOLL TIME RS State Of Florida state1 BY: RS Pamela J. Koller 775990 FOR ANSWER BRF PENDING DISP OF MOT EXT OF TIME
07/08/2008 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
08/13/2008 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Pamela J. Koller 775990 W/APPENDIX (O&7 & E-MAIL)
09/02/2008 ORDER-OA SCHED (PREV ACCEPTED) 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.
09/02/2008 ORAL ARGUMENT CALENDAR
09/05/2008 REPLY BRIEF-MERITS PT David Eric Hobbs BY: PT Brynn Newton 175150 O&7 & E-MAIL
10/30/2008 NOTICE-APPEARANCE PT David Eric Hobbs BY: PT Dale C. Carson 468428 BY DALE C. CARSON, FOR PURPOSES OF REPRESENTATION FOR THE ORAL ARGUMENT ON 11/4/2008
11/04/2008 ORAL ARGUMENT HELD
12/23/2008 DISP-APPROVED 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.
01/26/2009 MANDATE CC: COUNSEL
01/26/2009 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 3 VOLUMES
03/05/2009 ARCHIVES file