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Case Number:  SC03-1312  - Closed

ROBERT L. HENRY  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): 87-18628 CF 10


 Date Docketed
Description
Filed By
Notes
07/29/2003 NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) AA Robert L. Henry 607497 BY: AA Rachel Day 68535  
08/05/2003 No Fee Required    
08/07/2003 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR: 10/07/2003; ROA: 10/27/2003, EXH: 04/27/2004 (IF ANY)
10/27/2003 MOTION-EXT OF TIME (TRANSCRIPT) AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850  
10/30/2003 ORDER-EXT OF TIME GR (TRANSCRIPT)   Appellant's Motion for Two Week Extension of Time for Filing of the Record on Appeal by the Clerk is hereby granted. The time for filing the transcripts with the trial court clerk is extended to and including November 13, 2003. The trial court clerk shall have twenty (20) days after the filing of the transcripts in which to file the record on appeal with this court.
12/01/2003 LETTER   FROM TROIANO, LAWS & ASSOCIATES RE: RECEIPT OF 10/30/2003 ORDER & ADVISING THEY HAVE NO TRANSCRIPTS FOR THIS CASE
12/08/2003 MOTION-EXT OF TIME (RECORD ON APPEAL) Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD  
12/10/2003 ORDER-EXT OF TIME GR (RECORD ON APPEAL)    
01/05/2004 RECORD/TRANSCRIPT Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD VOLUMES 1 - 11; VOLUMES 1 - 7 TRANSCRIPTS W/DISKS (1 BOX); 02/01/2005: RETUNRED TO CIRC CT FOR CORRECTION; 04/29/2005: 1 BOX ROA RETURNED TO FSC
01/06/2004 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-35)
04/05/2004 MOTION-CONSOLIDATION AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850 OF RULE 3.853 APPEAL WITH APPEAL OF RULE 3.850 MOTION FOLLOWING EVIDENTIARY HEARING AND REQUEST FOR TOLLING OF TIME TO FILE INITIAL BRIEF TO ALLOW FOR SUPPLEMENTATION OF THE RECORD ON APPEAL (O&7)
05/05/2004 MOTION-OTHER SUBSTANTIVE AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850 FOR TRANSFER OF APPEAL TO FLORIDA SUPREME COURT FOR CONSOLIDATION WITH APPEAL OF CASE NO. SC03-1312 (COPY)(ORIGINAL FILED WITH 4TH DCA)
05/07/2004 ORDER-TOLLING GR   Upon consideration of Appellant's Motion for Consolidation of Rule 3.853 Appeal with Appeal of Rule 3.850 Motion Following Evidentiary Hearing and Request for Tolling of Time to File Initial Brief to Allow for Supplementation of the Record on Appeal, it is ordered that the motion to toll time is granted; however, appellant is allowed only thirty (30) days from the filing of the notice of appeal of the denial of the Rule 3.853 motion, which was filed with this Court on May 5, 2004, in which to serve the initial brief on the merits in Case No. SC03-1312.
06/02/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850 & PETITION FOR WRIT OF HABEAS CORPUS AND REQUEST FOR ORDER DIRECTED TO CLERK OF CIRCUIT COURT REGARDING SUPPLEMENTAL RECORD.
06/28/2004 INITIAL BRIEF-MERITS AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850 O&7 W/DISK
06/28/2004 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Appellant's initial brief, which was filed with this Court on June 28, 2004, does not comply with Florida Rule of Appellate Procedure 9.210(b)(4) and is hereby stricken. Appellant is hereby directed, on or before July 19, 2004, to serve an original and seven (7) copies of an amended initial brief with Summary of Argument. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents on Computer Diskette dated November 13, 2002, counsel are directed to include a copy of all briefs on a DOS formatted 3-1/2 inch diskette in WordPerfect 5.1 (or higher) format compatible in WordPerfect 10. PLEASE LABEL ENVELOPE TO AVOID ERASURE.
07/19/2004 INITIAL AMD BRIEF-MERITS AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850 O&7 W/DISK; STRICKEN
08/24/2004 LETTER Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD (FAXED) DATED 08/24/2004, WITH COPY OF PAGE 6 NUMBERED AS 001712A (MISSING FROM VOLUME 11 OF THE ROA)
08/30/2004 ORDER-CONSOLIDATION DY   Upon consideration of Appellant's Motion for Consolidation of Rule 3.853 Appeal with Appeal of Rule 3.850 Motion Following Evidentiary Hearing and Request for Tolling of Time to File Initial Brief to Allow for Supplementation of the Record on Appeal, it is ordered that the motion for consolidation of Rule 3.853 appeal with appeal of Rule 3.850 motion following evidentiary hearing is hereby denied.
09/20/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)   Upon consideration of Appellant/Petitioner's Motion for Three Week Extension of Time in Which to File Intitial Brief and Petition for Writ of Habeas Corpus and Request for Order Directed to the Clerk of Circuit Court Regarding Supplemental Record, the motion for extension of time is granted and appellant/petitioner filed its petition for writ of habeas corpus and initial brief on the merits with this Court on June 28, 2004. Pursuant to this Court's Order dated June 28, 2004, the initial brief was stricken and an amended initial brief was filed with this Court on July 19, 2004.
09/30/2004 MOTION-RECORD SUPPLEMENTATION AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 & TO TOLL THE TIME IN WHICH TO FILE THE ANSWER BRIEF
10/06/2004 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellee's Motion to Supplement the Record, and to Toll the Time in Which to File the Answer Brief is granted. The trial court clerk is directed, on or before October 26, 2004, to supplement the record with the items listed in paragraph one (1) in said motion (copy attached). Appellee shall have nineteen (19) days from receipt of the supplemental record in which to serve the answer brief on the merits. (volume 1, page 1)
10/08/2004 MOTION-STRIKE AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 INITIAL BRIEF AND MOTION TO TOLL TIME FOR FILING OF ANSWER BRIEF.
10/21/2004 ORDER-STRIKE GR   Appellee's Motion to Strike Initial Brief and Motion to Toll Time for Filing of Answer Brief, which opposing counsel, William M. Hennis, has no objection, is granted. Appellant's amended initial brief on the merits, which was filed with this Court on July 19, 2004, is hereby stricken. Appellant is hereby directed, on or before November 10, 2004, to serve an amended initial brief without any argument of documentation related to the "DNA" issue in compliance with this Court's Order dated August 30, 2004. Appellee is allowed to and including November 29, 2004, in which to serve the answer brief on the merits.
10/25/2004 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD  
10/26/2004 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP)   - EXT TO 11/29/2004, NFE
11/12/2004 INITIAL AMD BRIEF-MERITS AA Robert L. Henry 607497 BY: AA William M. Hennis, Iii 66850 O&7 W/DISK
11/29/2004 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD  
12/15/2004 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP)    
12/27/2004 NOTICE-APPEARANCE AA Robert L. Henry 607497 BY: AA Rachel Day 68535 BY RACHEL L. DAY, ASSISTANT CCRC
01/03/2005 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD  
01/06/2005 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP)   The motion for extension of time filed in the above cause is granted and the time for filing the supplemental record with this Court is extended to and including January 18, 2005.
01/10/2005 SUPP RECORD/TRANSCRIPT Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD VOLUMES 1 - 9 (1 BOX)
01/19/2005 MOTION-RECORD SUPPLEMENTATION AE State Of Florida STATE BY: AE Celia A. Terenzio 656879  
01/19/2005 MOTION-TOLL TIME AE State Of Florida STATE BY: AE Celia A. Terenzio 656879  
01/31/2005 ORDER-TOLLING GR   Appellee's motion to toll time for filing the answer brief on the merits is granted and the time for filing said answer brief on the meritis is tolled pending disposition of the motion to supplement the record filed herein.
01/31/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellee's Motion to Supplement the Record is granted. The court reporters are directed, on or before February 21, 2005, to file with the trial court clerk the transcripts (along with diskettes) for the hearing held October 18, 2000. The trial court clerk is directed, on or before March 3, 2005, to supplement the record with the above item and to correct the record as requested in paragraph 3 of said motion (copy attached). The record on appeal filed in this Court on January 5, 2004, is returned herewith to the Clerk of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, to enable the trial court clerk to comply with this Court's order. Counsel are requested to return their copies of the above record on appeal for correction. The copies provided to counsel for the parties and to this Court shall be properly bound, indexed and paginated pursuant to Florida Rule of Appellate Procedure 9.200(d). The trial court clerk is further directed to return the corrected original record to this Court. (SEE ORDER)
03/07/2005 NOTICE Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD OF NON-RECEIPT OF TRANSCRIPT BY THE CLERK OF THE LOWER TRIBUNAL WITHIN TIME LIMIT AND NON-TRANSMITTAL OF RECORD.
03/18/2005 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) AE State Of Florida STATE BY: AE Celia A. Terenzio 656879  
03/22/2005 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP)    
04/01/2005 MOTION-RELINQUISH AA Robert L. Henry 607497 BY: AA Rachel Day 68535 OF JURISDICTION (O&7); SEE 08/17/2005, ORDER REQUESTING RESPONSE
04/11/2005 NOTICE   OF NON-RECEIPT OF TRANSCRIPT BY THE CLERK OF THE LOWER TRIBUNAL WITHIN THE TIME LIMIT AND NON-TRANSMITTAL OF RECORD.
04/29/2005 SUPP RECORD/TRANSCRIPT Hon. Howard Forman, Clerk BROWARD BY: Hon. Howard Forman, Clerk BROWARD (OF TRANS OF 10/18/2000 HRG w/DISK) & ORIGINAL CORRECTED RECORD ON APPEAL - 1 BOX AND 2 VOLUMES OF SUPPL ROA (SEE LTR 04/29/2005)
04/29/2005 LETTER   TO ESQUIRE DISPOSITION SERVICES RE: E-FILING TRANSCRIPT. The Court has received the supplemental record on appeal (along with the diskette) for the transcript in the above case. 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 include a copy of all transcripts, in addition to paper copies, in an electronic format as required by the provisions of that order. The diskettes filed with the above record will be retained; however, please be advised that in accordance with ACS04-84 after April 1, 2005, an electronic version of all future transcripts of hearings in death cases must be e-mailed to this Court at the following e-mail address: e-file@flcourts.org.
06/06/2005 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 O&7 & E-MAIL
08/04/2005 LETTER Susan Bailey 351857 BY: Susan Bailey 351857 (PRO SE) & REPLY
08/08/2005 REPLY BRIEF-MERITS AA Robert L. Henry 607497 BY: AA Rachel Day 68535 O&7 & E-MAIL
08/17/2005 ORDER-RESPONSE/REPLY REQUESTED   Appellant has filed a motion for relinquishment of jurisdiction. Appellee is hereby requested to serve a response to the above-referenced motion on or before September 1, 2005.
09/01/2005 RESPONSE AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 TO APL'S MOT/RELINQ JURISDICTION AND HOLD APPEAL IN ABEYANCE
09/09/2005 LETTER-CASE STATUS INQUIRY   DATED 09/05/2005; 09/13/2005: ADVISED PRO SE REPLY BRF DUE 08/05/2005.
10/17/2005 ORDER-RELINQUISHMENT (MISC)   Appellant's Motion for Relinquishment of Jurisdiction is hereby denied without prejudice to proceed in the trial court after the appeals are concluded.
10/31/2005 ORDER-OA SCHED    
10/31/2005 ORAL ARGUMENT CALENDAR    
01/03/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 O&7
01/06/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 O&7
01/09/2006 ORAL ARGUMENT HELD    
01/09/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Celia A. Terenzio 656879 O&7
05/25/2006 DISP-AFFIRMED   For the reasons stated, we affirm the circuit court's denial of postconviction relief and deny Henry's petition for a writ of habeas corpus.
06/09/2006 MOTION-REHEARING   (O&7) RC
08/29/2006 DISP-REHEARING DY   Appellant/Petitioner's Motion for Rehearing filed in Case No. SC03-1312 is hereby denied. (RC)
09/14/2006 MANDATE   CC: PARTIES
12/04/2006 ARCHIVES   M/R-BOXES 2076-2078