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Doc. Date Docketed Description Filed by Notes
Click to open document 02/14/2020 NOTICE-APPEAL (INITIAL) AA Mark D. Sievers J80689 BY: WD Michael Mummert 10069
Click to open document 02/14/2020 COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Judgment and Sentence
02/14/2020 JURY VOTE 12-0 Death
02/17/2020 No Fee - Insolvent
Click to open document 02/17/2020 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida FSC BY: Supreme Court Of Florida FSC
Click to open document 02/17/2020 ORDER-RECORD FILING (HEARINGS/TRIAL) TR: 05/06/2020; ROA: 05/26/2020
Click to open document 02/21/2020 COPY OF LOWER TRIBUNAL INDIGENCE CERTIFICATE(S)/ORDER(S) Linda Doggett LEE BY: Linda Doggett LEE Order Declaring Defendant Indigent and Appointing Regional Counsel for Appeal
Click to open document 03/04/2020 LOWER TRIBUNAL DOCUMENTS Bruce Edwin Kyle 66125 BY: Bruce Edwin Kyle 66125 Copy of Lower Court Order Scheduling Status Conference for April 8, 2020
Click to open document 04/02/2020 NOTICE-APPEARANCE AE State Of Florida STATE1 BY: AE Scott A. Browne 802743
Click to open document 04/06/2020 DESIGNATION-PUBLIC DEFENDER Designation of the Public Defender for the Tenth Judicial Circuit to Handle the Criminal Appeal
Click to open document 04/13/2020 ORDER-CIRCUIT COURT Amended Order Scheduling Status Conference for April 8, 2020
04/22/2020 RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Record on Appeal - Unredacted (Filed Electronically)
Click to open document 04/22/2020 RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Trial Transcripts - Redacted (Filed Electronically)
04/22/2020 RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Trial Transcripts - Unredacted (Filed Electronically)
Click to open document 04/22/2020 RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Record on Appeal - Redacted (Filed Electronically)
04/22/2020 PRESENTENCE INVESTIGATION
Click to open document 04/22/2020 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 July 31, 2020; 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.
Click to open document 04/23/2020 STATUS REPORT Bruce Edwin Kyle 66125 BY: Bruce Edwin Kyle 66125 Report on Status Conference Held on April 8, 2020
Click to open document 04/28/2020 LETTER Linda Doggett LEE BY: Linda Doggett LEE MEMORANDUM FOR ACKNOWLEDGMENT/RECEIPT OF RECORD ON APPEAL
04/28/2020 EXHIBITS Linda Doggett LEE BY: Linda Doggett LEE Copies of 24 CDs/DVDs of Exhibits - Placed with file.
Click to open document 05/12/2020 NOTICE-APPEARANCE AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Notice of Appearance and Designation of E-mail Addresses Pursuant to Rule 2.516
Click to open document 05/15/2020 NOTICE-COUNS SUBSTITUTION AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300
Click to open document 05/22/2020 MOTION-RECORD SUPPLEMENTATION AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Unopposed Motion to Supplement the Record
Click to open document 05/22/2020 MOTION-TOLL TIME AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Appellant's Unopposed Motion to Toll Time
Click to open document 05/22/2020 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) Appellant's Unopposed Motion to Supplement the Record (copy attached) and Appellant's Unopposed Motion to Toll Time are hereby granted. The court reporters are directed, on or before June 15, 2020, to file with the trial court clerk the transcripts (along with an electronic copy) for the items listed in the attached motion. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, the court reporters are directed to transmit a copy of all transcripts, in addition to paper copies, in an electronic format as required by the provisions of that order. The electronic version for this Court shall be submitted to the following e-mail address: e-file@flcourts.org. Counsel for appellant is directed to deliver a copy of this order to all court reporters involved in the transcription of the above dates and to take whatever steps are necessary to ensure that the transcripts are filed within the time period designated. The trial court clerk is directed, on or before June 25, 2020, to supplement the record with the above items and with the transcripts and all items listed in the attached motion. Appellant shall have 70 days from the filing of the supplemental record in which to file the initial brief on the merits. * THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
Click to open document 06/08/2020 ORDER-CIRCUIT COURT Order Directing Parties to Submit Stipulated Copy of Exhibits
Click to open document 06/12/2020 NOTICE AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 Notice Concerning the Appellate Record
Click to open document 06/19/2020 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE First Supplemental Record on Appeal - Redacted (Filed Electronically) **See corrected record filed 2/9/2021**
06/19/2020 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE First Supplemental Record on Appeal - Unredacted (Filed Electronically) **See corrected record filed 2/9/2021**
Click to open document 06/25/2020 EXHIBITS Linda Doggett LEE BY: Linda Doggett LEE Exhibits - 2 CDs - Placed with file.
Click to open document 07/07/2020 MOTION-RELINQUISH AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Motion to Relinquish Jurisdiction to Trial Court for Reconstruction of Record & Second Motion to Supplement the Record
Click to open document 07/07/2020 MOTION-TOLL TIME AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Appellant's Motion to Toll Time
Click to open document 07/10/2020 ORDER-TOLLING GR Appellant's motion to toll time for filing the initial brief is granted and the time for filing said brief is tolled pending resolution of appellant's Motion to Relinquish Jurisdiction to Trial Court for Reconstruction of Record and Second Motion to Supplement the Record.
Click to open document 07/13/2020 RESPONSE AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 Response to Appellant's Motion to Relinquish Jurisdiction to Trial Court for Reconstructions of Record & Second Motion to Supplement the Record
Click to open document 09/03/2020 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Second Supplemental Record on Appeal - Redacted (Filed Electronically)
09/03/2020 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Second Supplemental Record on Appeal - Unredacted (Filed Electronically)
Click to open document 11/09/2020 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Third Supplemental Record on Appeal - Redacted (Filed Electronically) **See corrected record filed 2/9/2021**
11/09/2020 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Third Supplemental Record on Appeal - Unredacted (Filed Electronically) **See corrected record filed 2/9/2021**
Click to open document 12/23/2020 ORDER-OTHER SUBSTANTIVE Appellant's "Motion to Relinquish Jurisdiction to Trial Court for Reconstruction of Record & Second Motion to Supplement the Record" is hereby denied in part and granted in part. Appellant's motion requesting that this Court relinquish jurisdiction of the above cause to the circuit court for the purpose of reconstructing the record to include the full Curtis Wright proffer video is denied. Appellant's second motion to supplement the record is granted. The court reporters are directed on or before, January 26, 2021, to file with the trial court clerk the transcripts (along with an electronic copy) for the hearings held May 14, 2019, and February 27, 2016, as listed in the attached motion. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, the court reporters are directed to transmit a copy of all transcripts, in addition to paper copies, in an electronic format as required by the provisions of that order. The electronic version for this Court shall be submitted to the following e-mail address: e-file@flcourts.org. Counsel for appellant is directed to deliver a copy of this order to all court reporters involved in the transcription of the above dates and to take whatever steps are necessary to ensure that the transcripts are filed within the time period designated. The trial court clerk is directed, on or before February 5, 2021, to supplement the record with the above transcripts and with all items listed in the attached motion. Appellant shall have fifty-five days from the filing of the supplemental record in which to file the initial brief on the merits. * THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
Click to open document 01/26/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Fourth Supplemental Record on Appeal - Redacted (Filed Electronically)
01/26/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Fourth Supplemental Record on Appeal - Unredacted (Filed Electronically)
Click to open document 01/26/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Certificate of Non-Existence
Click to open document 02/09/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Corrected Third Supplemental Record on Appeal - Redacted (Filed Electronically)
02/09/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Corrected Third Supplemental Record on Appeal - Unredacted (Filed Electronically)
Click to open document 02/09/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Corrected First Supplemental Record on Appeal - Redacted (Filed Electronically)
02/09/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Corrected First Supplemental Record on Appeal - Unredacted (Filed Electronically)
Click to open document 03/22/2021 INITIAL BRIEF-MERITS AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Initial Brief of Appellant
Click to open document 03/22/2021 MOTION-BRIEF PAGE ENLARGEMENT AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Unopposed Motion to Accept Enlarged Initial Brief
Click to open document 03/22/2021 MOTION-RECORD SUPPLEMENTATION AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Motion to Transmit Color Copies (or, if not feasible, originals) of 14 Photographs (Trial Exhibits)
Click to open document 03/24/2021 MOTION-STRIKE AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 State's Motion to Strike Initial Brief *Stricken, in light of amended motion filed 3/24/2021*
Click to open document 03/24/2021 MOTION-STRIKE AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 State's Amended Motion to Strike Initial Brief
Click to open document 03/25/2021 RESPONSE AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Appellant's Response to State's Amended Motion to Strike Initial Brief
Click to open document 03/29/2021 ORDER-BRIEF PAGE ENLARGEMENT GR Appellant's Unopposed Motion to Accept Enlarged Initial Brief is hereby granted and said brief consisting of 31,280 words was filed with this Court on March 22, 2021. The State's Amended Motion to Strike Initial Brief is hereby denied.
Click to open document 03/29/2021 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) Appellant's Motion to Transmit Color Copies (or, if not feasible, originals) of 14 Photographs is granted, as to color copies only. The trial court clerk is directed, on or before April 13, 2021, to supplement the record with the items listed in the attached motion and provide copies to counsel for the parties.
Click to open document 04/06/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Fifth Supplemental Record on Appeal - Redacted
04/06/2021 SUPP RECORD/TRANSCRIPT Linda Doggett LEE BY: Linda Doggett LEE Fifth Supplemental Record on Appeal - Unredacted
Click to open document 05/28/2021 ANSWER BRIEF-MERITS AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 Answer Brief of Appellee
Click to open document 05/28/2021 MOTION-BRIEF PAGE ENLARGEMENT AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 Unopposed Motion to Accept Enlarged Answer Brief
Click to open document 06/07/2021 ORDER-BRIEF PAGE ENLARGEMENT GR Appellee's Unopposed Motion to Accept Enlarged Answer Brief is hereby granted and said brief consisting of 30,641 words was filed with this Court on May 28, 2021.
Click to open document 07/07/2021 REPLY BRIEF-MERITS AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Reply Brief of Appellant
Click to open document 08/09/2021 ORDER-OA SCHED The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, October 5, 2021. A maximum of thirty 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 09/23/2021 NOTICE-SUPPLEMENTAL AUTHORITY AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Notice of Supplemental Authority: Adams v. United States, No. 19-1563, 2021 WL 1984896 (6th Cir. Mar. 10, 2021); United States v. Adams, 655 Fed. Appx. 312, 316 (6th Cir. 2016); United States v. Daniels, 189 Fed. Appx. 199, 201 (4th Cir. 2006); Harris v. State, 841 P.2d 597, 602 (Okla. Crim. App. 1992); and Section 948.30(2)(a), Florida Statute (2021)
10/05/2021 ORAL ARGUMENT HELD
Click to open document 10/06/2021 NOTICE AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 State's Notice of Correction (to Answer Brief filed 5/28/2021)
Click to open document 10/08/2021 NOTICE-SUPPLEMENTAL AUTHORITY AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Notice of Supplemental Authority: Fields v. State, 608 So. 2d 899, 903 (Fla. 1st DCA 1992); Musson v. State, 184 So. 3d 575, 578 (Fla. 2d DCA 2016); and United States v. Abel, 469 U.S. 45, 52 (1984)
Click to open document 10/14/2021 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 State's Notice of Supplemental Authority: State v. Goode, 830 So. 2d 817, 828-829 (Fla. 2002); Massey v. State, 609 So. 2d 598, 600 (Fla. 1992); Price v. State, 995 So. 2d 401, 404-06 (Fla. 2008); and Miller v. State, 42 So. 3d 204, 216 (Fla. 2010)
Click to open document 11/08/2021 MOTION-RELINQUISH AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Appellant's Motion to Relinquish Jurisdiction Re: New Exculpatory Evidence
Click to open document 11/08/2021 APPENDIX-MOTION AA Mark D. Sievers J80689 BY: AA Karen M. Kinney 856932 Appendix for Motion to Relinquish Jurisdiction Re: New Exculpatory Evidence
Click to open document 11/09/2021 RESPONSE AE State Of Florida STATE1 BY: AE Christina Z. Pacheco 71300 Objection to Appellant's Motion to Relinquish Jurisdiction