|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
11/08/2017
|
NOTICE-APPEAL (3.851 INITIAL)
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
|
|
11/09/2017
|
No Fee Required
|
|
3.851 Proceeding
|
|
|
11/09/2017
|
COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
|
|
Final Order Dismissing in Part, Denying in Part, and Granting in Part Defendant's Motion for Postconviction Relief; Order Vacating Death Sentence; Directions to Clerk
|
|
|
11/09/2017
|
COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
|
|
Order Finding Defendant Competent to Proceed; Directions to Clerk
|
|
|
11/09/2017
|
ACKNOWLEDGMENT LETTER-NEW CASE
|
Supreme Court Of Florida BY: Supreme Court Of Florida
|
|
|
|
11/09/2017
|
ORDER-RECORD FILING (HEARINGS/TRIAL)
|
|
TR: 01/29/2018; ROA: 02/19/2018
|
|
12/05/2017
|
RECORD/TRANSCRIPT
|
Ken Burke PINELLA BY: Ken Burke PINELLA
|
Filed Electronically
|
|
12/05/2017
|
RECORD/TRANSCRIPT
|
Ken Burke PINELLA BY: Ken Burke PINELLA
|
Filed Electronically (Sealed)
|
|
|
12/06/2017
|
ORDER-DEP BRIEF SCHED (100)
|
|
The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before March 15, 2018; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief.
As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
|
|
12/14/2017
|
EXHIBITS
|
Ken Burke PINELLA BY: Ken Burke PINELLA
|
Copy - Exhibit No. 1 from State's Exhibit List of 1/21/2016 (1 DVD Placed w/ File)
|
|
|
12/18/2017
|
STATUS REPORT
|
Joseph Anthony Bulone 371130 BY: Joseph Anthony Bulone 371130
|
Status Report on Preparation of Record
|
|
|
01/11/2018
|
MOTION-RECORD SUPPLEMENTATION
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
Motion to Correct/Supplement Record and Toll Time for Filing of Initial Brief and All Acts Related to It
|
|
|
02/14/2018
|
ORDER-RESPONSE/REPLY REQUESTED
|
|
Appellant has filed a Motion to Correct/Supplement Record and Toll Time for Filing of Initial Brief. Appellee is hereby requested to file a response to the above-referenced motion on or before February 26, 2018.
|
|
|
02/26/2018
|
RESPONSE
|
AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
|
State's Response to Appellant's Motion to Correct/Supplement the Record and Toll Time for Filing of Initial Brief
|
|
|
03/08/2018
|
ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
|
|
Appellant's motion to supplement the record (copy attached) is hereby granted in part and denied in part.
The court reporters are directed, on or before March 28, 2018, to file with the trial court clerk the transcript for the hearing held February 6, 2015. Counsel for appellant is directed to deliver a copy of this order to all court reporters involved in the transcription of the above date and to take whatever steps are necessary to ensure that the transcript is filed within the time period designated.
The trial court clerk is directed, on or before April 9, 2018, to supplement the record with items a, b, c, d, e, f, g, n, o, q, r, and s only.
The time for filing the initial brief on the merits is tolled pending the filing of the supplemental record in this Court.
|
|
|
04/02/2018
|
NOTICE
|
Ken Burke PINELLA BY: Ken Burke PINELLA
|
re: Missing Transcript (dated March 29, 2018)
|
|
|
04/03/2018
|
SUPP RECORD/TRANSCRIPT
|
Ken Burke PINELLA BY: Ken Burke PINELLA
|
Filed Electronically
|
|
|
04/04/2018
|
NOTICE
|
Ken Burke PINELLA BY: Ken Burke PINELLA
|
Retraction of March 29, 2018, Notice
|
|
|
06/05/2018
|
INITIAL BRIEF-MERITS
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
Initial Brief of Appellant
|
|
|
06/05/2018
|
NOTICE-APPEARANCE
|
AA Genghis Nicholas Kocaker 479701 BY: AA Kara Renee Ottervanger 112110
|
Notice of Appearance and Addition of Co-Counsel
|
|
|
08/14/2018
|
ANSWER BRIEF-MERITS
|
AE State Of Florida state1 BY: AE Christina Z. Pacheco 71300
|
Answer Brief of Appellee
|
|
|
09/24/2018
|
REPLY BRIEF-MERITS
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
Reply Brief of Appellant
|
|
|
09/24/2018
|
NOTICE-UNAVAILABILITY
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
Appellant's Notice of Unavailability
|
|
|
06/06/2019
|
ORDER-OA SCHED
|
|
The above cases are hereby scheduled for oral argument at 9:00 a.m., Thursday, August 29, 2019. 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.
|
|
08/29/2019
|
ORAL ARGUMENT HELD
|
|
|
|
|
01/23/2020
|
DISP-AFFIRMED
|
|
FSC-OPINION: In light of the foregoing, we affirm the trial court's order on Kocaker's rule 3.851 motion, and we deny Kocaker's petition for a writ of habeas corpus. It is so ordered.
|
|
|
01/30/2020
|
MOTION-REHEARING
|
AE State Of Florida state1 BY: AE Marilyn Muir Beccue 119581
|
Appellee's Motion for Rehearing/Clarification or for Remand for Reconsideration in Light of State v. Poole
|
|
|
01/30/2020
|
APPENDIX-MOTION
|
AE State Of Florida state1 BY: AE Marilyn Muir Beccue 119581
|
Appendix to Motion for Rehearing
|
|
|
02/07/2020
|
MOTION-REHEARING
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
|
|
|
02/07/2020
|
RESPONSE
|
AA Genghis Nicholas Kocaker 479701 BY: AA Chelsea Rae Shirley 112901
|
Appellant's Response to Appellee's Motion for Rehearing/Clarification
|
|
|
04/01/2020
|
ORDER-STAY PROCEEDINGS FSC (TAG CASE)
|
|
The proceedings in the circuit court and in this Court in the above case are stayed pending disposition of State of Florida v. Michael James Jackson, Case No. SC20-257 and State of Florida v. Bessman Okafor, Case No. SC20-323, which are pending in this Court.
|
|
|
12/02/2020
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
AA Genghis Nicholas Kocaker 479701 BY: AA Julissa Fontán 32744
|
Notice of Filing Supplemental Authority: State v. Jackson, SC20-257 (Fla. November 25, 2020) and State v. Okafor, SC20-323 (Fla. November 25, 2020)
|
|
|
03/10/2021
|
DISP-REHEARING DY
|
|
Appellant/Petitioner's Motion for Rehearing is hereby denied.
Appellee/Respondent's Motion for Rehearing/Clarification or for Remand in Light of State v. Poole is hereby denied.
|
|
|
03/31/2021
|
MANDATE
|
|
|
|
|
03/31/2021
|
ORDER-NOTICE OF DELAY
|
|
Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
|
|
|
04/05/2021
|
PUBLISH FULL
|
|
|
