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Doc. Date Docketed Description Filed by Notes
Click to open document 05/06/2019 NOTICE-APPEAL (3.851 SUCCESSOR) AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Notice of Appeal & Final Order Denying Defendant's Motion to Vacate Judgment of Conviction and Sentence of Death After Death Warrant Signed
Click to open document 05/06/2019 NOTICE-APPEAL (3.851 SUCCESSOR) AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Amended Notice of Appeal & Amended Final Order Denying Defendant's Motion to Vacate Judgment of Conviction and Sentence of Death After Death Warrant Signed
05/06/2019 No Fee Required 3.851 Proceeding
Click to open document 05/06/2019 ORDER-DEP WARRANT SCHEDULE ISSUED IN CASE NOS. SC69259 & SC74512 ON 4/24/2019: Because the Governor has signed a death warrant for the execution of Robert Joe Long at 6:00 p.m., Thursday, May 23, 2019, we direct that all further proceedings in this case be expedited. The proceedings pending in the trial court, if any, shall be completed and orders entered by 3:00 p.m., Monday, May 6, 2019. We hereby set the following briefing schedule for any proceeding that may come before this Court. The notice of appeal shall be filed by 10:00 a.m., Tuesday, May 7, 2019. The record on appeal shall be filed by 3:00 p.m., Tuesday, May 7, 2019. The initial brief on the merits shall be filed by 3:00 p.m., Thursday, May 9, 2019. The answer brief on the merits shall be filed by 3:00 p.m., Monday, May 13, 2019. The reply brief on the merits shall be filed by 3:00 p.m., Tuesday, May 14, 2019. Oral argument, if necessary, will be scheduled at a later date. Copies of any pleadings filed by counsel in the trial court and the federal courts shall be sent via email simultaneously with filing in the other courts to the following address: warrant@flcourts.org.
Click to open document 05/06/2019 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC
05/07/2019 RECORD/TRANSCRIPT Pat Frank HILLSBO BY: Pat Frank HILLSBO Filed Electronically
Click to open document 05/08/2019 SUPP RECORD/TRANSCRIPT Pat Frank HILLSBO BY: Pat Frank HILLSBO Filed Electronically
Click to open document 05/08/2019 MOTION-STAY (EXECUTION) AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Motion for Stay of Execution Pending the Florida Supreme Court's Decision in Owen v. State
Click to open document 05/09/2019 RESPONSE AE State Of Florida STATE1 BY: AE Stephen D. Ake 14087 Response to Motion for Stay of Execution
Click to open document 05/09/2019 INITIAL BRIEF-MERITS AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Initial Brief of the Appellant
Click to open document 05/10/2019 ORDER-STAY EXECUTION DY Appellant requests that the Court stay his execution pending our decision in Owen v. State, SC18-810, in which we have directed the parties to brief "whether this Court should recede from the retroactivity analysis in Asay v. State, 210 So. 3d 1 (Fla. 2016); Mosley v. State, 209 So. 3d 1248 (Fla. 2016); and James v. State, 615 So. 2d 668 (Fla. 1993)." Unless we recede from our current retroactivity analysis in Owen, the defendant in that case is entitled to the retroactive application of Hurst v. Florida, 136 S. Ct. 616 (2016); Hurst v. State, 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017), because his sentence of death became final after Ring v. Arizona, 536 U.S. 584 (2002). In contrast, Appellant's sentence of death became final before Ring. Therefore, as we have previously held, Appellant is not entitled to retroactive application of the Hurst decisions. Long v. State, 235 So. 3d 293 (Fla.), cert. denied, 139 S. Ct. 162 (2018). If this Court were to recede, in Owen, from its current retroactivity analysis imposing a Ring cutoff for retroactivity of the Hurst decisions and hold, instead, that the Hurst decisions are not retroactive, Appellant would still not be entitled to relief. See Mosley, 209 So. 3d at 1285-91 (Canady, J., concurring in part and dissenting in part) (explaining that, under a proper analysis, the Hurst decisions should not apply retroactively). Accordingly, Appellant's Motion for Stay of Execution Pending the Florida Supreme Court's Decision in Owen v. State is hereby denied.
Click to open document 05/13/2019 ANSWER BRIEF-MERITS AE State Of Florida STATE1 BY: AE Stephen D. Ake 14087 Answer Brief of Appellee
Click to open document 05/14/2019 REQUEST-ORAL ARGUMENT AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Request for Oral Argument
Click to open document 05/14/2019 REPLY BRIEF-MERITS AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Reply Brief of the Appellant
Click to open document 05/14/2019 MOTION-REHEARING ON MISC ORDER AA Robert Joe Long 494041 BY: AA Robert Anthony Norgard 322059 Motion for Reconsideration of Motion for Stay of Execution Pending the Florida Supreme Court's Decision in Owen v. State
Click to open document 05/14/2019 RESPONSE AE State Of Florida STATE1 BY: AE Stephen D. Ake 14087 Response to Request for Oral Argument
Click to open document 05/17/2019 ORDER-OTHER SUBSTANTIVE DY Appellant's Motion for Reconsideration of Motion for Stay of Execution Pending the Florida Supreme Court's Decision in Owen v. State is hereby denied.
Click to open document 05/17/2019 DISP-AFFIRMED FSC-OPINION: For the reasons above, we affirm the postconviction court's order denying Long's third successive postconviction motion pursuant to rule 3.851. Having fully considered the issues raised in this appeal, we deny Long's request for oral argument as moot. No rehearing will be entertained by this Court, and the mandate shall issue immediately. It is so ordered.
Click to open document 05/17/2019 MANDATE