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Click to open document 01/11/2016 PETITION-HABEAS CORPUS PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850
01/11/2016 No Fee Required
01/11/2016 APPENDIX-PETITION PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850
Click to open document 01/11/2016 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 01/12/2016 ORDER-RESPONSE/REPLY REQUESTED Petitioner has filed a petition for writ of habeas corpus. Respondent is hereby requested to file a response to the above-referenced petition on or before 12:00 p.m., Friday, January 15, 2016. The Respondent shall address the applicability of Hurst v. Florida, No. 14-7505, 2016 WL 112683 (Jan. 12, 2016), to each of Petitioner's first-degree murder convictions and sentences of death. Specifically, the Respondent shall address the retroactivity of Hurst, the effect of Hurst in light of the aggravating factors found by the trial court in Lambrix's case, and whether any error in Lambrix's case is harmless. The Petitioner's reply to the response shall like address the above issues and shall be filed by 12:00 p.m., Wednesday, January 20, 2016. ***Amended on 1/13/16 to include reference to Hurst.***
Click to open document 01/13/2016 MOTION-STAY (EXECUTION) PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 FILED AS RENEWED MOTION FOR A STAY OF EXECUTION AND AN UNTRUNCATED BRIEFING SCHEDULE
Click to open document 01/14/2016 RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 FILED AS APPELLEE'S RESPONSE TO APPELLANT'S RENEWED MOTION FOR STAY AND AN UNTRUNCATED BRIEFING SCHEDULE
Click to open document 01/14/2016 RESPONSE (AMD) RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 FILED AS APPELLEE'S AMENDED RESPONSE TO APPELLANT'S RENEWED MOTION FOR STAY AND AN UNTRUNCATED BRIEFING SCHEDULE
Click to open document 01/15/2016 RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS AND MEMORANDUM OF LAW
Click to open document 01/15/2016 ORDER-STAY EXECUTION DY Appellant's "Renewed Motion for a Stay of Execution and an Untruncated Briefing Scheduled" is hereby denied.
Click to open document 01/15/2016 ORDER-OA SCHED The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, February 2, 2016. During oral argument, both parties shall be prepared to address the applicability of Hurst v. Florida, No. 14-7505, 2016 WL 112683 (Jan. 12, 2016), to each of Appellant/Petitioner's first-degree murder convictions and sentences of death, including whether Hurst is retroactive, the effect of Hurst given the aggravating factors in Lambrix's case, and whether any error is harmless. A maximum of 20 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.
Click to open document 01/15/2016 MOTION-AMICUS CURIAE Billy H. Nolas 806821 BY: Billy H. Nolas 806821 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF BY THE CAPITAL HABEAS UNIT OF THE OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE NORTHERN DISTRICT OF FLORIDA IN SUPPORT OF PETITIONER
Click to open document 01/15/2016 APPENDIX-MOTION Billy H. Nolas 806821 BY: Billy H. Nolas 806821 APPENDIX TO MOTION FOR LEAVE TO FILE AMICUS BRIEF (AMICUS BRIEF)
Click to open document 01/15/2016 MOTION-BRIEF PAGE ENLARGEMENT Billy H. Nolas 806821 BY: Billy H. Nolas 806821 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN EXCESS OF PAGE LIMITS
Click to open document 01/15/2016 AMICUS CURIAE INITIAL BRIEF-MERITS Billy H. Nolas 806821 BY: Billy H. Nolas 806821 BRIEF OF AMICUS CURIAE, THE CAPITAL HABEAS UNIT OF THE OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE NORTHERN DISTRICT OF FLORIDA, IN SUPPORT OF PETITIONER LAMBRIX AND CONSOLIDATED MOTION FOR LEAVE TO FILE
Click to open document 01/19/2016 MOTION-EXT OF TIME (REPLY TO RESPONSE) PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 MOTION FOR A TWO DAY EXTENSION OF TIME
Click to open document 01/19/2016 ORDER-EXT OF TIME GR (REPLY TO RESPONSE) Appellant/Petitioner's motion for extension of time is granted and appellant/petitioner is allowed until 12:00 p.m., Friday, January 22, 2016, in which to file the reply brief on the merits and the reply to the response to writ of habeas corpus.
Click to open document 01/19/2016 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Capital Habeas Unit of the Office of the Federal Public Defender for the Northern District of Florida in support of petitioner is hereby granted and said brief was filed with this Court on January 15, 2016. The motion to exceed the page limit by two pages is also granted.
Click to open document 01/21/2016 MOTION-AMICUS CURIAE N. Adam Tebrugge 473650 BY: N. Adam Tebrugge 473650 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF BY THE AMERICAN CIVIL LIBERTIES UNION CAPITAL PUNISHMENT PROJECT AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA IN SUPPORT OF PETITIONER
Click to open document 01/21/2016 AMICUS CURIAE INITIAL BRIEF-MERITS N. Adam Tebrugge 473650 BY: N. Adam Tebrugge 473650 AMICUS CURIAE BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA IN SUPPORT OF PETITIONER CARY MICHAEL LAMBRIX
Click to open document 01/21/2016 MOTION-BRIEF PAGE ENLARGEMENT N. Adam Tebrugge 473650 BY: N. Adam Tebrugge 473650 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN EXCESS OF PAGE LIMITS
Click to open document 01/22/2016 REPLY TO RESPONSE PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850
Click to open document 01/22/2016 MOTION-RELINQUISH PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 MOTION TO RELINQUISH JURISDICTION IN ORDER TO FILE A RULE 3.851 MOTION BASED ON HURST V. FLORIDA, No. 14-7505, 2016 WL 112683 *3 (2016)
Click to open document 01/22/2016 ORDER-OTHER COURT Appellant/Petitioner filed a "Motion to Relinquish Jurisdiction in Order to File a Rule 3.851 Motion Based on Hurst v. Florida, No. 14-7505, 2016 WL 112683 *3 (2016)." Any response to said motion must be filed by 12:00 p.m. on Monday, January 25, 2016.
Click to open document 01/22/2016 MOTION-AMICUS CURIAE Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950 MOTION FOR LEAVE TO FILE AMICUS BRIEF BY FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ON BEHALF OF PETITIONER LAMBRIX AND MOTION TO EXCEED PAGE LIMIT BY 2 PAGES
Click to open document 01/22/2016 AMICUS CURIAE INITIAL BRIEF-MERITS Sonya Rudenstine 711950 BY: Sonya Rudenstine 711950 BRIEF OF AMICUS CURIAE, FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ON BEHALF OF PETITIONER LAMBRIX
Click to open document 01/25/2016 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the American Civil Liberties Union Capital Punishment Project and the American Civil Liberties Union of Florida in support of petitioner is hereby granted and said brief was filed with this Court on January 21, 2016. The motion to exceed the page limit is also granted. The motion for leave to file brief as amicus curiae filed by the Florida Association of Criminal Defense Lawyers in support of petitioner is hereby granted and said brief was filed with this Court on January 22, 2016. The motions to exceed the page limit and to accept the brief as timely filed are also granted. While a response is not requested nor required by this Court, the respondent shall file any responses by 12:00 p.m., Wednesday, January 27, 2016.
01/25/2016 RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION IN ORDER TO FILE A RULE 3.851 MOTION BASED ON HURST V. FLORIDA
Click to open document 01/25/2016 MOTION-STAY (EXECUTION) PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 RENEWED MOTION FOR STAY OF EXECUTION
Click to open document 01/25/2016 MOTION-AMICUS CURIAE Robert A. Young 144826 BY: Robert A. Young 144826 FLORIDA PUBLIC DEFENDER ASSOCIATION'S EMERGENCY MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF PETITIONER AND CONSOLIDATED BRIEF
Click to open document 01/25/2016 CERTIFICATE OF SERVICE (AMD) Robert A. Young 144826 BY: Robert A. Young 144826 AMENDED CERTIFICATE OF SERVICE TO FLORIDA PUBLIC DEFENDER ASSOCIATION'S EMERGENCY MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF PETITIONER AND CONSOLIDATED BRIEF
Click to open document 01/25/2016 ORDER-AMICUS CURIAE GR The motion for leave to file brief as amicus curiae filed by the Florida Public Defender Association in support of petitioner is hereby granted and said brief was filed with this Court on January 25, 2016.
Click to open document 01/25/2016 AMICUS CURIAE INITIAL BRIEF-MERITS Robert A. Young 144826 BY: Robert A. Young 144826 EMERGENCY MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF PETITIONER AND CONSOLIDATED BRIEF
Click to open document 01/26/2016 NOTICE-APPEARANCE PT Cary Michael Lambrix 482053 BY: PT Martin J. Mcclain 754773
Click to open document 01/26/2016 MOTION-REPLY FILING TO RESPONSE PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 MOTION FOR LEAVE TO FILE ACCOMPANYING REPLY
Click to open document 01/26/2016 REPLY TO RESPONSE PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 REPLY TO RESPONSE TO MOTION TO RELINQUISH JURISDICTION IN ORDER TO FILE A RULE 3.851 MOTION
Click to open document 01/27/2016 MOTION-OTHER SUBSTANTIVE PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 MOTION TO SUPPLEMENT THE REPLY TO RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS AND TO SUPPLEMENT THE RENEWED MOTION FOR STAY OF EXECUTION
Click to open document 01/27/2016 OTHER BRIEFS NOT LISTED RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 RESPONSE BRIEF TO AMICUS CURIAE
Click to open document 01/28/2016 ORDER-REPLY TO RESPONSE FILING GR Appellant/Petitioner's "Motion for Leave to File Accompanying Reply" to "Appellee's Response to Appellant's Motion to Relinquish Jurisdiction in Order to File a Rule 3.851 Motion Based on Hurst v. Florida" is granted and said reply was filed with this Court on January 26, 2016.
Click to open document 01/28/2016 ORDER-MOTION AMENDMENT/SUPPLEMENT GR Appellant/Petitioner's "Motion to Supplement the Reply to Response to Petition for Writ of Habeas Corpus and to Supplement the Renewed Motion for Stay of Execution" is granted and both pleadings are supplemented with said motion and attachments.
Click to open document 01/28/2016 NOTICE-FILING PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 NOTICE OF FILING OF THE ACCOMPANYING AFFIDAVITS
Click to open document 01/28/2016 MOTION-OTHER SUBSTANTIVE PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 MOTION FOR EXPANDED ORAL ARGUMENT
Click to open document 01/29/2016 ORDER-OTHER SUBSTANTIVE DY Appellant/Petitioner's Motion for Expanded Oral Argument is hereby denied.
Click to open document 02/02/2016 ORDER-STAY EXECUTION GRANTED Appellant/Petitioner's Renewed Motion for Stay of Execution is granted. The execution of Cary Michael Lambrix, scheduled for 6:00 p.m., Thursday, February 11, 2016, is stayed pending further order of this Court. Appellant/Petitioner's Motion to Relinquish Jurisdiction is hereby denied without prejudice.
02/02/2016 ORAL ARGUMENT HELD
Click to open document 02/05/2016 MOTION-OTHER SUBSTANTIVE PT Cary Michael Lambrix 482053 BY: PT Martin J. Mcclain 754773 SECOND MOTION TO SUPPLEMENT THE REPLY TO RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
Click to open document 02/08/2016 ORDER-MOTION AMENDMENT/SUPPLEMENT GR Appellant/Petitioner's "Second Motion to Supplement the Reply to Response to Petition for Writ of Habeas Corpus" is hereby granted. Appellant/Petitioner's "Reply to Response to Petition for Writ of Habeas Corpus" is hereby supplemented with the "Second Motion to Supplement the Reply to Response to Petition for Writ of Habeas Corpus."
Click to open document 02/09/2016 MOTION-OTHER SUBSTANTIVE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 STATE'S MOTION FOR LEAVE TO FILE RESPONSE TO PETITIONER'S SECOND MOTION TO SUPPLEMENT THE REPLY TO RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
Click to open document 02/09/2016 RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 STATE'S RESPONSE TO PETITIONER'S SECOND MOTION TO SUPPLEMENT THE REPLY TO RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
Click to open document 02/09/2016 ORDER-OTHER SUBSTANTIVE GR Appellee/Respondent's Motion for Leave to File Response to Petitioner's Second Motion to Supplement the Reply to Response to Petition for Writ of Habeas Corpus is hereby granted. The appellee/respondent's Response to Petitioner's Second Motion to Supplement the Reply to Response to Petition for Writ of Habeas Corpus was filed with this Court on February 9, 2016.
Click to open document 02/12/2016 MOTION-BRIEF SUPPLEMENTATION PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 MOTION FOR SUPPLEMENTAL BRIEFING ON HARMLESS ERROR AFTER THIS COURT HAS DEFINED HURST ERROR
Click to open document 02/16/2016 ORDER-BRIEF SUPPLEMENTATION DY Appellant/Petitioner's "Motion for Supplemental Briefing on Harmless Error after this Court has Defined Hurst Error" is hereby denied.
Click to open document 03/28/2016 MOTION-BRIEF SUPPLEMENTATION PT Cary Michael Lambrix 482053 BY: PT Jessica Leigh Houston 98568 MOTION REQUESTING THE OPPORTUNITY TO SUPPLEMENTAL BRIEF THE IMPACT OF THE ENACTMENT OF HOUSE BILL 7101 ON APPELLANT'S DEATH SENTENCE AND CLAIM I OF APPELLANT'S REPLY TO RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
Click to open document 04/01/2016 RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 APPELLEE'S OBJECTION TO APPELLANT'S MOTION FOR ADDITIONAL BRIEFING ON APPLICATION OF THE NEW CAPITAL SENTENCING STATUTE
Click to open document 04/04/2016 ORDER-BRIEF SUPPLEMENTATION DY Appellant/Petitioner's "MOTION REQUESTING THE OPPORTUNITY TO SUPPLEMENTAL BRIEF THE IMPACT OF THE ENACTMENT OF HOUSE BILL 7101 ON APPELLANT'S DEATH SENTENCE AND CLAIM I OF APPELLANT'S REPLY TO RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS" is hereby denied.
Click to open document 10/10/2016 NOTICE-SUPPLEMENTAL AUTHORITY RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743
Click to open document 02/02/2017 MOTION-RELINQUISH PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 APPELLANT'S MOTION TO RELINQUISH JURISDICTION
Click to open document 02/02/2017 APPENDIX-MOTION PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 APPENDIX TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
Click to open document 02/03/2017 RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 APPELLEE'S RESPONSE TO APPELLANT'S SECOND MOTION TO RELINQUISH JURISDICTION IN ORDER TO FILE A RULE 3.851 MOTION BASED ON HURST V. FLORIDA
Click to open document 02/03/2017 APPENDIX-RESPONSE RS Julie L. Jones, Etc. BY: RS Scott A. Browne 802743 ATTACHMENT TO APPELLEE'S RESPONSE TO APPELLANT'S SECOND MOTION TO RELINQUISH JURISDICTION IN ORDER TO FILE A RULE 3.851 MOTION BASED ON HURST V. FLORIDA
Click to open document 02/07/2017 ORDER-RELINQUISHMENT DY Appellant/Petitioner's Motion to Relinquish Jurisdiction is hereby denied.
Click to open document 03/09/2017 DISP-DENIED FSC-OPINION: In accordance with our analysis above, we affirm the postconviction court's denial of Lambrix's successive rule 3.851 motion for postconviction relief and deny his petition for writ of habeas corpus. Additionally, we lift the stay entered on February 2, 2016. It is so ordered.
Click to open document 03/23/2017 MOTION-EXT OF TIME (REHEARING/REINSTATEMENT) PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850 EMERGENCY MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING
Click to open document 03/24/2017 MOTION-TOLL TIME PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850
Click to open document 03/28/2017 ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT) Appellant/Petitioner's motion for extension of time is granted and appellant/petitioner is allowed to and including April 4, 2017, in which to file a motion for rehearing.
Click to open document 04/04/2017 MOTION-REHEARING PT Cary Michael Lambrix 482053 BY: PT William M. Hennis 66850
Click to open document 05/10/2017 DISP-REHEARING DY Appellant/Petitioner's Motion for Rehearing is hereby denied.
Click to open document 06/01/2017 PUBLISH FULL