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Doc. Date Docketed Description Filed by Notes
Click to open document 08/09/2018 RECORD/TRANSCRIPT Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR Filed as Supplemental Record/Transcript for SC18-1247
Click to open document 08/10/2018 NOTICE-APPEAL (3.851 SUCCESSOR) AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773
08/10/2018 No Fee Required 3.851 Proceeding
Click to open document 08/10/2018 ORDER-STAY EXECUTION GRANTED The application for stay of execution, filed in SC18-1247, is granted. The execution of Jose Antonio Jimenez, scheduled for 6:00 p.m., Tuesday, August 14, 2018, is stayed pending further order of this Court. The clerk of the lower tribunal having already transmitted the record on appeal, any supplemental record shall be filed by 11:00 a.m. on Monday, August 13, 2018, and Appellant's initial brief on the merits shall be filed by 3:00 p.m. on Friday, August 17, 2018. The answer brief shall be filed by 3:00 p.m. on Friday, August 24, 2018. The reply brief shall be filed by 3:00 p.m. on Tuesday, August 28, 2018. Oral argument, if necessary, will be scheduled at a later date. The deadline for trial court proceedings contained in this Court's scheduling order dated Wednesday, July 18, 2018, is amended nunc pro tunc to the date of that order as follows: The proceedings pending in the trial court, if any, shall be completed and orders entered by 4:00 p.m., Friday, August 10, 2018. As that deadline has passed, no further proceedings in the trial court are permitted, including filings by either party, without prior leave of this Court.
Click to open document 08/10/2018 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC
Click to open document 08/13/2018 RECORD/TRANSCRIPT Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR Filed Electronically
Click to open document 08/17/2018 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Motion to Accept Accompanying Initial Brief as Timely Filed
Click to open document 08/17/2018 MOTION-BRIEF PAGE ENLARGEMENT AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Motion for Leave to File Initial Brief in Excess of Page Limitation
Click to open document 08/17/2018 INITIAL BRIEF-MERITS AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Initial Brief of Appellant
Click to open document 08/17/2018 NOTICE-FILING AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Notice of Filing of Declaration of Theresa Farley
Click to open document 08/20/2018 ORDER-BRIEF PAGE ENLARGEMENT GR Appellant's Motion for Leave to File Initial Brief in Excess of Page Limitation is hereby granted and said brief was filed with this Court on August 17, 2018. The Court cautions Appellant that any untimely or otherwise noncompliant reply brief will be stricken.
Click to open document 08/20/2018 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Appellant's Motion to Accept Accompanying Initial Brief as Timely Filed is hereby granted and said brief was filed with this Court on August 17, 2018. The Court cautions Appellant that any untimely or otherwise noncompliant reply brief will be stricken.
Click to open document 08/24/2018 ANSWER BRIEF-MERITS AE State Of Florida STATE1 BY: AE Lisa-Marie Lerner 698271 Answer Brief of Appellee
Click to open document 08/28/2018 REPLY BRIEF-MERITS AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Reply Brief of Appellant
Click to open document 08/28/2018 REQUEST-ORAL ARGUMENT AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Request for Oral Argument
Click to open document 10/04/2018 ORDER-OTHER SUBSTANTIVE DY Appellant's Request for Oral Argument is hereby denied.
Click to open document 10/04/2018 DISP-AFFIRMED FSC-OPINION: For the reasons above, we affirm the postconviction court's orders summarily denying Jimenez's fifth and sixth successive postconviction motions pursuant to rule 3.851, the postconviction court's order denying Jimenez's motion to correct illegal sentence pursuant to rule 3.800(a), and the postconviction court's order denying Jimenez's motion to amend his sixth successive postconviction motion. We further lift the stay of execution entered on August 10, 2018. No rehearing will be entertained by this Court, and the mandate shall issue immediately.It is so ordered.
Click to open document 10/04/2018 MANDATE
Click to open document 10/26/2018 PUBLISH FULL
Click to open document 11/20/2018 MOTION-REHEARING ON MISC ORDER AA Jose Antonio Jimenez 406677 BY: AA Martin J. Mcclain 754773 Motion for Rehearing, Reconsideration or Clarification
Click to open document 11/21/2018 ORDER-OTHER SUBSTANTIVE Appellant's Motion for Rehearing, Reconsideration, or Clarification is granted in part and denied in part. Appellant's motion is founded on the premise that this Court routinely issues new scheduling orders after a stay of execution has been lifted. Although a new scheduling order has been issued in some cases after a lengthy stay of execution, many cases proceed without a new scheduling order. See, e.g., Valle v. State, SC60-72328; Ferguson v. State, SC60-64362; Muhammad v. State, SC60-63343; Correll v. State, SC60-68393; Gore v. State, SC60-96127; Tompkins v. State, SC60-67974; Schwab v. State, SC60-80289; Hill v. State, SC60-68706; Slawson v. State, SC60-75960. More importantly, in Appellant's case, pursuant to this Court's August 10, 2018, order in SC18-1321, the deadline for proceedings in the trial court has passed and the parties have been directed that leave of this Court is required for further proceedings in the trial court. This direction was deemed necessary after Appellant's counsel violated this Court's scheduling order by bringing additional claims in the trial court after this Court's deadline to do so, and without leave of this Court. Those additional claims resulted in Case No. SC18-1321. To the extent that this Court's vacated November 19, 2018, order created confusion, Appellant's motion is granted in part to clarify that no further proceedings in the trial court are authorized without prior leave of this Court. Appellant's motion is otherwise denied. Should Appellant seek leave from this Court in a future filing, Appellant is cautioned that because Appellant's death warrant was signed on July 18, 2018, the deadline has passed for requesting the production of public records pursuant to Florida Rule of Criminal Procedure 3.852(h)(3). Appellant is further cautioned that because all post-warrant issues have been fully litigated in Case Nos. SC18-1247 and SC18-1321, no further state court discovery or proceedings will be allowed without good faith allegations demonstrating good cause, such as newly discovered evidence, that would warrant additional state court post-warrant litigation.