|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
09/06/2012
|
NOTICE-APPEAL (RESENTENCING)
|
AA Timothy Lee Hurst 124669 BY: TA D. Todd Doss 910384
|
ADDITIONAL CERTIFIED COPY REC'D 09/10/2012
|
|
09/14/2012
|
No Fee - Insolvent
|
|
INSOLVENT BELOW
|
|
|
09/14/2012
|
ORDER-RECORD FILING (HEARINGS/TRIAL)
|
|
TR: 11/26/2012; ROA: 12/17/2012
|
|
|
09/14/2012
|
ACKNOWLEDGMENT LETTER-NEW CASE
|
Supreme Court Of Florida BY: Supreme Court Of Florida
|
|
|
|
11/08/2012
|
STATUS REPORT
|
|
BY: JU Hon. Linda Lee Nobles, Judge 499196 RE: ROA PREPARATION
|
|
11/13/2012
|
RECORD/TRANSCRIPT
|
Hon. Ernie Lee Magaha, Clerk BY: Hon. Ernie Lee Magaha, Clerk
|
VOLUMES 1-9
|
|
11/13/2012
|
JURY VOTE
|
|
7-5 DEATH
|
|
|
11/15/2012
|
DESIGNATION-PUBLIC DEFENDER
|
|
AA Timothy Lee Hurst 124669 BY: AA Elton Jake Gissendanner, Iii 999946
|
|
|
12/03/2012
|
ORDER-DEP BRIEF SCHED (100)
|
|
100-70-40 (L: 100-100-35)
|
|
|
03/13/2013
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
03/13/2013
|
MOTION-TOLL TIME
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
03/15/2013
|
INITIAL BRIEF-MERITS
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
05/14/2013
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Appellant's motion for extension of time is granted and appellant's initial brief was filed with this Court on March 13, 2013.
|
|
|
05/22/2013
|
ANSWER BRIEF-MERITS
|
AE State Of Florida state1 BY: AE Stephen Richard White 159089
|
W/APPENDIX (O&7)
|
|
|
07/01/2013
|
NOTICE-APPEARANCE
|
AA Timothy Lee Hurst 124669 BY: AA W. C. Mclain 201170
|
|
|
|
07/01/2013
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
07/01/2013
|
MOTION-TOLL TIME
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
07/12/2013
|
REPLY BRIEF-MERITS
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
08/20/2013
|
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
|
|
Appellant's motion for extension of time is granted and appellant's reply brief was filed with this Court on July 12, 2013.
|
|
09/09/2013
|
ORDER-PSI (RESENTENCING)
|
|
It is hereby ordered that the Florida Department of Corrections transmit to the Clerk of the Supreme Court of Florida forthwith the presentence investigation, if any, done on the resentencing of the above appellant Timothy Lee Hurst (d/o/b 12/12/1978) on August 16, 2012. The presentence investigation will be transmitted to this Court in a "sealed" envelope to ensure its confidentiality.
|
|
|
09/09/2013
|
ORDER-OA SCHED
|
|
The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, November 7, 2013. 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.
|
|
09/09/2013
|
ORAL ARGUMENT CALENDAR
|
|
|
|
09/18/2013
|
PRESENTENCE INVESTIGATION
|
|
CONFIDENTIAL
|
|
|
10/31/2013
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AA Timothy Lee Hurst 124669 BY: AA W. C. Mclain 201170
|
|
|
|
11/07/2013
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AE State Of Florida state1 BY: AE Stephen Richard White 159089
|
|
|
11/07/2013
|
ORAL ARGUMENT HELD
|
|
|
|
|
05/01/2014
|
DISP-AFFIRMED
|
|
For the reasons expressed above, we affirm Hurst's sentence of death for the first-degree murder of Cynthia Harrison. It is so ordered.
|
|
|
05/13/2014
|
MOTION-REHEARING
|
AA Timothy Lee Hurst 124669 BY: AA W. C. Mclain 201170
|
(RC)
|
|
|
05/28/2014
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AA Timothy Lee Hurst 124669 BY: AA W. C. Mclain 201170
|
|
|
|
09/04/2014
|
DISP-REHEARING DY
|
|
Appellant's Motion for Rehearing is hereby denied. (RC)
|
|
|
09/22/2014
|
ORDER-COUNS APPOINTMENT (POST-CONVICTION)
|
|
Pursuant to Florida Rule of Criminal Procedure 3.851(b), the Office of the Capital Collateral Regional Counsel-Northern Region is hereby appointed to handle postconviction proceedings for appellant.
The Office of the Capital Collateral Regional Counsel-Northern Region shall, within thirty days from this date of this order, file a notice of appearance in the trial court or a motion to withdraw based on a conflict of interest or some other legal ground. A copy of the notice of appearance or motion to withdraw shall be served on the Florida Supreme Court.
In accordance with this Court's opinion issued in Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.991 and Florida Rule of Judicial Administration 2.215, 802 So. 2d 298 (Fla. 2001), the chief judge shall forthwith assign this case to a judge qualified to handle capital cases. A copy of the assignment order shall be served on the Florida Supreme Court.
|
|
|
09/22/2014
|
MANDATE
|
|
CC: COUNSEL
|
|
|
10/03/2014
|
NOTICE-APPEARANCE
|
Robert S. Friedman 500674 BY: Robert S. Friedman 500674
|
3.851 PROCEEDINGS
|
|
12/03/2014
|
USSC CERTIORARI
|
14-7505
|
|
|
02/16/2015
|
ARCHIVES
|
|
M/R Box 3728
|
|
03/09/2015
|
USSC CERTIORARI GRANTED
|
14-7505
|
&RECV'D BY FSC 03/12/2015
|
|
03/12/2015
|
USSC NOT/CERT FILED IN FSC
|
14-7505
|
|
|
08/12/2015
|
USSC REQUEST FOR FSC ROA
|
14-7505
|
|
|
08/21/2015
|
ROA SENT TO USSC FROM FSC
|
14-7505
|
2 BOXES
|
|
10/14/2015
|
ROA SENT TO USSC FROM FSC
|
14-7505
|
Supplemental Record
|
|
01/12/2016
|
USSC CERTIORARI GRANTED
|
14-7505
|
|
|
02/16/2016
|
USSC MANDATE
|
14-7505
|
Mandate issued 2/16/16
|
|
|
02/19/2016
|
MOTION-OTHER SUBSTANTIVE
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
MOTION FOR REMAND FOR IMPOSITION OF
A SENTENCE OF LIFE IN PRISON
|
|
|
02/29/2016
|
MOTION-OTHER SUBSTANTIVE
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
AMDENDED MOTION FOR REMAND FOR IMPOSITION OF
A SENTENCE OF LIFE IN PRISON
|
|
|
02/29/2016
|
RESPONSE
|
AE State Of Florida state1 BY: AE Carine L. Mitz 11943
|
STATE'S RESPONSE TO APPELLANT'S AMENDED MOTION FOR REMAND FOR IMPOSITION OF A SENTENCE OF LIFE IN PRISON
|
|
03/01/2016
|
ROA RETURNED TO FSC FROM USSC
|
14-7505
|
|
|
|
03/02/2016
|
MOTION-AMICUS CURIAE
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
MOTION FOR LEAVE TO FILE AMICUS BRIEF BY FLORIDA
ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, FLORIDA
CAPITAL RESOURCE CENTER, AND FLORIDA CENTER FOR
CAPITAL REPRESENTATION ON BEHALF OF APPELLANTS
|
|
|
03/02/2016
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
BRIEF OF AMICI CURIAE FLORIDA ASSOCIATION OF
CRIMINAL DEFENSE LAWYERS, FLORIDA CAPITAL
RESOURCE CENTER, AND FLORIDA CENTER FOR
CAPITAL REPRESENTATION ON BEHALF OF APPELLANTS
|
|
|
03/03/2016
|
ORDER-BRIEF SUPPLEMENTATION
|
|
The parties in the above case are directed to file supplemental briefs specifically addressing the application on remand of Hurst v. State of Florida, 136 S. Ct. 616 (Jan. 12, 2016). Appellant's supplemental initial brief, which is not to exceed twenty-five pages, is to be filed by Friday, March 18, 2016. Appellee's supplemental answer brief, which shall not exceed fifteen pages, shall be filed ten days after filing of appellant's supplemental initial brief. Appellant's supplemental reply brief, which shall not exceed ten pages, shall be filed five days after filing of appellee's supplemental answer brief.
|
|
|
03/03/2016
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae in support of appellant filed by the Florida Association of Criminal Defense Lawyers, Florida Capital Resource Center, and Florida Center for Capital Representation is hereby granted. The brief by the above referenced amicus curiae was filed with this Court on March 2, 2016.
|
|
|
03/03/2016
|
APPENDIX
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
APPENDIX TO BRIEF OF AMICI CURIAE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, FLORIDA CAPITAL RESOURCE CENTER, AND FLORIDA CENTER FOR CAPITAL REPRESENTATION ON BEHALF OF APPELLANTS
|
|
|
03/04/2016
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
|
|
|
03/11/2016
|
ORDER-BRIEF SUPPLEMENTATION
|
|
On March 3, 2016, this Court ordered supplemental briefing on the application of Hurst v. Florida, 136 S. Ct. 616 (2016), to this case on remand from the United States Supreme Court. In that order, the supplemental initial brief is due to be filed by Friday March 18, 2016, with filing dates for the supplemental answer brief, and the supplemental reply brief set forth accordingly. The parties in the above case are now directed to include in the supplemental briefs argument and authorities on the issue of the procedures to be followed in the event that this Court remands this matter for resentencing pursuant to Hurst v. Florida. The parties are directed to discuss whether the procedures detailed in section 921.141, Florida Statutes, as supplemented by jury instructions compliant with Hurst, or the procedures detailed in House Bill 7101 as signed by Governor Scott on March 7, 2016, govern or to what extent same may apply. The parties are further directed to discuss any constitutional issues that may arise in this context. This order is not to be understood as determinative of the merits of any of the issues heretofore raised by the parties.
Both parties are directed to file their supplemental briefs, as augmented by
this order, pursuant to the time frames and page limits set forth in the March 3, 2016, order of this court.
|
|
03/11/2016
|
ORDER-OA SCHED
|
|
The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, May 5, 2016. 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.
|
|
03/11/2016
|
ORAL ARGUMENT CALENDAR
|
|
|
|
|
03/15/2016
|
MOTION-EXT OF TIME (BRIEF-SUPP)
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
MOTION FOR EXTENSION OF TIME
TO FILE SUPPLEMENTAL INITIAL BRIEF
|
|
|
03/15/2016
|
MOTION-TOLL TIME
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
03/16/2016
|
ORDER-EXT OF TIME GR (SUPPLEMENTAL BRIEF)
|
|
Appellant's motion for extension of time is granted in part and appellant is allowed to and including Monday, March 28, 2016, in which to file the supplemental brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE SUPPLEMENTAL BRIEF.
|
|
|
03/28/2016
|
SUPP INITIAL BRIEF-MERITS
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
04/07/2016
|
SUPP ANSWER BRIEF-MERITS
|
AE State Of Florida state1 BY: AE Carine L. Mitz 11943
|
|
|
|
04/07/2016
|
MOTION-BRIEF PAGE ENLARGEMENT
|
AE State Of Florida state1 BY: AE Carine L. Mitz 11943
|
|
|
|
04/07/2016
|
MOTION-AMICUS CURIAE
|
Karen M. Gottlieb 199303 BY: Karen M. Gottlieb 199303
|
MOTION FOR LEAVE TO FILE AMICUS BRIEF BY FLORIDA CENTER FOR CAPITAL REPRESENTATION AT FIU COLLEGE OF LAW
|
|
|
04/07/2016
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
Karen M. Gottlieb 199303 BY: Karen M. Gottlieb 199303
|
SUPPLEMENTAL AMICUS BRIEF ON REMEDY
|
|
|
04/14/2016
|
SUPP REPLY BRIEF-MERITS
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
04/14/2016
|
MOTION-BRIEF PAGE ENLARGEMENT
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
04/15/2016
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by Florida Center for Capital Representation at FIU College of Law is hereby granted and they are allowed to file brief only in support of appellant. The brief by the above referenced amicus curiae was filed with this Court on April 7, 2016.
|
|
|
04/15/2016
|
ORDER-BRIEF PAGE ENLARGEMENT GR
|
|
Appellant and Appellee's motions to file enlarged briefs are hereby granted. Appellee's supplemental answer brief was filed with this Court on April 7, 2016. Appellant's supplemental reply brief was filed with this Court on April 14, 2016.
|
|
|
04/29/2016
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
05/03/2016
|
MOTION-BRIEF AMENDMENT
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
MOTION FOR LEAVE TO FILE AMENDED AMICUS BRIEF
BRIEF ON BEHALF OF APPELLANTS HURST, BEVEL, AND OLIVER
|
|
|
05/03/2016
|
AMICUS CURIAE INITIAL AMD BRIEF-MERITS
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
AMENDED BRIEF OF AMICI CURIAE JUSTICE HARRY LEE ANSTEAD, JUDGE
ROSEMARY BARKETT, MARTHA BARNETT, TALBOT D'ALEMBERTE, HANK
COXE, JUSTICE GERALD KOGAN, FLORIDA ASSOCIATION OF CRIMINAL
DEFENSE LAWYERS, FLORIDA CAPITAL RESOURCE CENTER, AND FLORIDA
CENTER FOR CAPITAL REPRESENTATION, ON BEHALF OF APPELLANTS
|
|
|
05/03/2016
|
APPENDIX
|
Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950
|
APPENDIX TO AMENDED BRIEF OF AMICI CURIAE JUSTICE HARRY LEE
ANSTEAD, JUDGE ROSEMARY BARKETT, MARTHA BARNETT, TALBOT
D'ALEMBERTE, HANK COXE, JUSTICE GERALD KOGAN, FLORIDA
ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, FLORIDA CAPITAL
RESOURCE CENTER, AND FLORIDA CENTER FOR CAPITAL REPRESENTATION,
ON BEHALF OF APPELLANTS
|
|
|
05/04/2016
|
ORDER-BRIEF AMENDMENT GR
|
|
Amici Curiae's Motion for Leave to File Amended Amicus Brief on Behalf of Appellant Hurst is granted and said amended brief and appendix were filed with this Court on May 3, 2016. The brief and appendix filed with this Court on March 2, 2016, are hereby stricken.
|
|
05/05/2016
|
ORAL ARGUMENT HELD
|
|
|
|
|
08/17/2016
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
08/17/2016
|
NOTICE-APPENDIX/ATTACHMENT TO NOTICE
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
09/27/2016
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
09/27/2016
|
NOTICE-APPENDIX/ATTACHMENT TO NOTICE
|
AA Timothy Lee Hurst 124669 BY: AA David A. Davis 271543
|
|
|
|
10/06/2016
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AE State Of Florida state1 BY: AE Carine L. Mitz 11943
|
|
|
|
10/06/2016
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AE State Of Florida state1 BY: AE Carine L. Mitz 11943
|
|
|
|
10/14/2016
|
ORDER-OTHER SUBSTANTIVE DY
|
|
Appellant's Amended Motion for Remand for Imposition of a Sentence of Life in Prison, filed with this Court on February 29, 2016, is hereby denied as moot.
|
|
|
10/14/2016
|
DISP-REMANDED FOR RESENTENCING
|
|
FSC-OPINION: Because the death sentence was imposed on Hurst in violation of the Sixth Amendment right to a jury determination of every critical finding necessary for imposition of the death sentence, and because we conclude that the error is not harmless beyond a reasonable doubt under the facts and circumstances of this case, we vacate Hurst's death sentence and remand for a new penalty phase proceeding consistent with this opinion.
It is so ordered.
|
|
|
11/03/2016
|
MANDATE
|
|
|
|
|
11/15/2016
|
PUBLISH FULL
|
|
|
|
12/30/2016
|
USSC CERTIORARI
|
16A660
|
& Cert due 02/13/2017
|
|
02/16/2017
|
USSC CERTIORARI
|
16-998
|
|
|
02/21/2017
|
USSC NOT/CERT FILED IN FSC
|
16-998
|
|
|
05/26/2017
|
USSC DISP-CERTIORARI DY
|
16-998
|
|
