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Case Number:  SC03-1967  - Closed

MELVIN TROTTER  vs.  JAMES R. MCDONOUGH, ETC.
 Date Docketed
Description
Filed By
Notes
11/10/2003 PETITION-HABEAS CORPUS PT Melvin Trotter 573461 BY: PT Carol C. Rodriguez 931720 O&7 W/DISKETTE
11/13/2003 No Fee Required    
12/01/2003 MOTION-TOLL TIME RS Hon. James V. Crosby, Jr., Etc. CROSBY BY: RS Robert J. Landry 134101 FOR SERVING APPELLEE'S BRIEF AND RESPONDENT'S RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS (O&7 W/DISK)
12/19/2003 ORDER-OTHER SUBSTANTIVE GR   SEE SC03-735 TO VIEW ORDER
03/22/2004 RESPONSE RS Hon. James V. Crosby, Jr., Etc. CROSBY BY: RS Robert J. Landry 134101 TO PETITION-HABEAS CORPUS (O&7 W/DISK)
03/25/2004 ORDER-OA SCHED   TO VIEW SEE ORDER DATED 3/25/2004, IN CASE NO. SC03-735
09/01/2004 ORDER-ORAL ARGUMENT CALENDAR REMOVAL   The above case which was scheduled for oral argument on Thursday, September 2, 2004, has been removed from the oral argument calendar.
09/10/2004 ORDER-ORAL ARGUMENT RESCHEDULE   At the direction of the Court, the above cases which were scheduled for oral argument on Thursday, September 2, 2004, have been rescheduled for oral argument at 9:00 a.m., Thursday, December 9, 2004. A maximum of twenty (20) minutes to the side is allowed for the argument.
09/27/2004 ORDER-ORAL ARGUMENT RESCHEDULE   At the direction of the Court, the above cases which were scheduled for oral argument on Thursday, December 9, 2004, have been rescheduled for oral argument at 9:00 a.m., Tuesday, December 7, 2004. A maximum of twenty (20) minutes to the side is allowed for the argument.
11/29/2004 MOTION-RELINQUISH PT Melvin Trotter 573461 BY: PT Carol C. Rodriguez 931720 JURISDICTION PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.203(d)(4)9E) (DEFENDANT'S MENTAL RETARDATION AS A BAR TO IMPOSITION OF THE DEATH PENALTY) (O&7)
12/03/2004 ORDER-ORAL ARGUMENT CALENDAR REMOVAL   The above cases which were scheduled for oral argument on Tuesday, December 7, 2004, have been removed from the oral argument calendar.
12/03/2004 ORDER-RELINQUISHMENT GR (CIRC CT - RULE 3.203)   The appellant's motion to relinquish jurisdiction is granted and the jurisdiction of the above cause is hereby relinquished to the trial court for an evidentiary hearing to make a determination of mental retardation, as that term is defined in rule 3.203. If Trotter is found to be mentally retarded, he should be resentenced, without the death penalty being an available sentence. If Trotter is found not to be mentally retarded, then the case should be returned to this Court for completion of the rule 3.850 appeal. This is to be completed in no more than 180 days from the date of this Order. If Trotter is resentenced to life, the trial court shall notifiy this Court immediately of that ruling. (SEE SC03-735 TO VIEW ORDER)
12/13/2004 MOTION-REHEARING ON MISC ORDER RS Hon. James V. Crosby, Jr., Etc. CROSBY BY: RS Robert J. Landry 134101 O&7
12/17/2004 ORDER-RELINQUISHMENT GR (CIRC CT - RULE 3.203)   Clarified Order Relinquishing Jurisdiction for Determination of Mental Retardation We consider Melvin Trotter's mental retardation claim made in this case to be an invocation of Florida Rule of Criminal Procedure 3.203. We therefore relinquish jurisdiction of this case to the circuit court for a period of 180 days for a determination of mental retardation pursuant to rule 3.203. This determination shall proceed in accord with rule 3.203. Upon the rendition of the Order pursuant to rule 3.203(e), the circuit court shall direct that this case be returned to this Court for further proceedings as may be directed by this Court. (SEE SC03-735 TO VIEW ORDER)
12/17/2004 RELINQUISHMENT STARTED    
07/21/2005 RELINQUISHMENT ENDED    
07/21/2005 SUPP RECORD/TRANSCRIPT   (FILED IN SC03-735)
10/31/2005 ORDER-ORAL ARGUMENT RESCHEDULE   TO VIEW ORDER SEE SC03-735
10/31/2005 ORAL ARGUMENT CALENDAR    
11/15/2005 NOTICE-APPEARANCE PT Melvin Trotter 573461 BY: PT Peter James Cannon 109710 BY PETER J. CANNON, ASSIST CCRC-MIDDLE & WILL APPEAR AT ORAL ARGUMENT
01/10/2006 ORAL ARGUMENT HELD    
05/25/2006 ORDER-CASE STYLE CHANGE   The style of the above case has been changed from Melvin Trotter vs. James V. Crosby, Jr., etc. to Melvin Trotter vs. James R. McDonough, etc.
05/25/2006 DISP-DENIED   Having considered the briefs and the supplemental briefs filed following remand and having reviewed the petition for writ of habeas corpus and heard oral argument in this cause, we affirm the denial of postconviction relief and the order determining Trotter is not mentally retarded, and we deny Trotter's habeas petition.
06/15/2006 MANDATE   CC: PARTIES
08/11/2006 ARCHIVES   M/R - BOX 2046