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Date Docketed
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Description
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Filed By
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Notes
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12/12/2003
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NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) |
AA James Ernest Hitchcock 058293 BY: AA Eric Pinkard 651443 |
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12/30/2003
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No Fee Required |
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3.850/3.851 PROCEEDING |
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12/30/2003
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ORDER-OTHER COURT |
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ORDER DENYING SECOND AMENDED MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE |
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12/31/2003
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ORDER-RECORD FILING (HEARINGS/TRIAL) |
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TR: 02/20/04; ROA: 03/11/04; EXH: 10/11/04 (IF ANY) |
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02/25/2004
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RECORD/TRANSCRIPT |
Hon. Reginald Karl Whitehead, Judge 657018 BY: Hon. Reginald Karl Whitehead, Judge 657018 |
VOLUMES 1 - 12 (VOLS 1-9 TRANS W/DISK) |
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02/26/2004
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ORDER-DEP BRIEF SCHED (120) |
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120-90-60 (L: 100-100-35) |
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06/28/2004
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INITIAL BRIEF-MERITS |
AA James Ernest Hitchcock 058293 BY: AA Eric Pinkard 651443 |
O&7 W/DISK (REQUEST FOR O.A INCLUDED IN BRF) |
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09/23/2004
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
& RESPONSE TO PETITION -HABEAS CORPUS (O&7) |
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09/28/2004
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) |
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Appellee/Respondent's motion for extension of time is granted and appellee/respondent is allowed to and including October 8, 2004, in which to serve the answer brief on the merits and response to petition for writ of habeas corpus. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLEE/RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS AND RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS. All other times will be extended accordingly. |
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10/11/2004
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ANSWER BRIEF-MERITS |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
O&7 & E-MAIL |
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10/13/2004
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ORDER-OA SCHED |
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10/13/2004
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ORAL ARGUMENT CALENDAR |
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10/14/2004
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EXHIBITS |
Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE |
1 VOLUME (1 EXHIBIT-STATE) |
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12/15/2004
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REPLY BRIEF-MERITS |
AA James Ernest Hitchcock 058293 BY: AA James Lawrence Driscoll, Jr. 78840 |
O&7 & E-MAIL |
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02/23/2005
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ORDER-ORAL ARGUMENT RESCHEDULE |
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At the direction of the Court, the above cases which were scheduled for oral argument on Wednesday, March 9, 2005, have been rescheduled for oral argument at 9:00 a.m., Thursday, March 10, 2005. A maximum of twenty (20) minutes to the side is allowed for the argument. |
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03/03/2005
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NOTICE-SUPPLEMENTAL AUTHORITY |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
O&7 |
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03/10/2005
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ORAL ARGUMENT HELD |
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03/14/2005
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NOTICE-SUPPLEMENTAL AUTHORITY |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
O&7 |
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04/11/2005
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NOTICE-SUPPLEMENTAL AUTHORITY |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
O&7 |
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05/03/2005
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ORDER-RELINQUISHMENT GR (CIRC CT) |
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The Court has determined that the circuit court erred in holding that guilt phase issues were procedurally barred. In order for this Court to review the guilt phase issues on the merits, the jurisdiction of the above case is hereby relinquished to the circuit court for an evidentiary hearing and decision on the merits of all guilt phase claims raised by petitioner in petitioner's 3.851 motions. This includes all claims raised as to the guilt phase trial held in 1977 and all newly discovered evidence claims. In contemplation of these claims, the circuit court shall permit the parties to present additional evidence. Any additional evidence shall be considered together with evidence previously presented at the evidentiary hearing held in support of petitioner's claims. Based on this evidence, the circuit court shall prepare and file an order making specific findings on the merits of each guilt phase issue. In respect to petitioner's newly discovered evidence claim concerning witnesses who have come forward to testify that a third person has confessed to the crime, the circuit court shall determine and express in the order among the issues determined whether such evidence would be admissible at a new trial applying section 90.804(2)(c), Florida Statutes (statement against interest hearsay exception), and Jones v. State, 709 So. 2d 512 (Fla. 1998). The evidentiary hearing and order should be filed in no more than 180 days and the circuit court shall upon the filing of its order return the case to this Court.
Counsel for the parties are hereby directed to file Status Reports with this Court every sixty (60) days as to the progress of the relinquishment proceeding. |
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05/03/2005
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RELINQUISHMENT STARTED |
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05/12/2005
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MOTION-REHEARING ON MISC ORDER |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
FILED AS "MOTION FOR CLARIFICATION" O&7 |
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05/16/2005
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RESPONSE |
AA James Ernest Hitchcock 058293 BY: AA James Lawrence Driscoll, Jr. 78840 |
TO STATE'S MOTION FOR CLARIFICATION (O&7) |
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07/06/2005
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STATUS REPORT |
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AA James Ernest Hitchcock 058293 BY: AA Eric Pinkard 0651443 RE: RELINQUISHMENT PROCEEDINGS |
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07/07/2005
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 0998818 RE: RELINQUISHMENT PROCEEDINGS |
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08/12/2005
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ORDER-OTHER SUBSTANTIVE DY |
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Appellee's motion for clarification of this Court's Order dated May 3, 2005, is hereby denied. |
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09/02/2005
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 0998818 RE: RELINQUISHMENT (O&7); SEE 09/22/2005 ORDER EXTENDING TIME FOR RELINQ NO LATER THAN 02/01/2006 |
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09/08/2005
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 0998818 - RE: RELINQUISHMENT PROCEEDINGS |
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09/22/2005
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ORDER-EXT OF TIME GR (RELINQ PERIOD) |
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Appellant's request for extension of time is granted and the time to complete the relinquishment proceedings per this Court's Order dated May 3, 2005, is hereby extended to and including no later than February 1, 2006.
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11/07/2005
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STATUS REPORT |
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AA James Ernest Hitchcock 058293 BY: AA James L. Driscoll, Jr. 078840 RE: RELINQ PROCEEDINGS |
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11/21/2005
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 0998818 RE: RELINQ PROCEEDINGS (EVID HRG SET FOR 11/15/05) |
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01/06/2006
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STATUS REPORT |
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AA James Ernest Hitchcock 058293 BY: AA James L. Driscoll, Jr. 078840 - RE: RELINQ |
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03/06/2006
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 0998818 RE: RELINQUISHMENT - CASE IS AWAITING RULING FROM THE CIRCUIT COURT |
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03/07/2006
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STATUS REPORT |
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AA James Ernest Hitchcock 058293 BY: AA James L. Driscoll, Jr. 078840 RE: RELINQUISHMENT PROCEEDINGS - HEARING COMPLETED AND AWAITING AN ORDER FROM THE LOWER COURT. |
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05/05/2006
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NOTICE-FILING |
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ORDER DENYING SECOND AMENDED MOTION TO VACATE |
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05/05/2006
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RELINQUISHMENT ENDED |
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05/08/2006
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ORDER-CIRCUIT COURT |
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DENYING SECOND AMENDED MOTION TO VACATE JUDGEMENT OF CONVICTION AND SENTENCE WITH RESPECT TO GUILT PHASE ISSUES AND NEWLY DISCOVERED EVIDENCE CLAIMS (DATED 03/29/2006) |
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05/17/2006
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NOTICE-APPEAL (MISC) |
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(AFTER RELINQUISHMENT) PLACED WITH SC03-2203 FOR CONSIDERATION BY THIS COURT |
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05/17/2006
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DESIGNATION-COURT REPORTER (COPY) |
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05/24/2006
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) |
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The Court relinquished jurisdiction to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, on May 3, 2005. As the Court is in receipt of the circuit court's Order Denying Defendant's Second Motion to Vacate Judgment of Conviction and Sentence with Respect to Guilt Phase Issues and Newly Discovered Evidence Claims dated March 29, 2006, and appellant's Notice of Appeal filed with this Court on May 17, 2006, the relinquishment proceedings are concluded. The court reporters are directed, within thirty (30) days of the date of this order, to file with the trial court clerk the transcripts (along with an electronic copy) for the hearings held in conjunction with the relinquishment proceedings. The trial court clerk shall have ten (10) days after the filing of the transcripts in which to supplement the record with the above items and with any other filings made in conjunction with the relinquishment proceedings to be filed with this Court. The Court hereby grants the appellant leave to supplement his initial brief to this Court any claims in relation to the circuit court's March 29, 2006, order and the relative proceedings in the circuit court concerning its determination that appellant is not entitled to postconviction relief on any guilt phase claims. (SUPPLEMENTAL BRFS: 30-30-10) (L: 40-40-10) |
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06/19/2006
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SUPP RECORD/TRANSCRIPT |
Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE |
RE: RELINQUISHMENT: VOLUME 1 - 7 & E-MAIL |
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06/19/2006
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EXHIBITS |
Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE |
RE: RELINQUISHMENT (1 LARGE ENVELOPE) ORIGINALS |
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07/19/2006
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SUPP INITIAL BRIEF-MERITS |
AA James Ernest Hitchcock 058293 BY: AA James Lawrence Driscoll, Jr. 78840 |
O&7 & E-MAIL |
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08/22/2006
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SUPP ANSWER BRIEF-MERITS |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
O&7 & E-MAIL |
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09/05/2006
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SUPP REPLY BRIEF-MERITS |
AA James Ernest Hitchcock 058293 BY: AA James Lawrence Driscoll, Jr. 78840 |
O&7 & E-MAIL |
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02/09/2007
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ORDER-OA SCHED |
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The above cases are hereby scheduled for oral argument at 9:00 a.m., Wednesday, September 19, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. |
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08/14/2007
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MOTION-ORAL ARGUMENT RESCHEDULE |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
FILED AS JOINT MOTION WITH SC06-276 TREATED AS A MOTION TO RESCHEDULE THIS CASE ONLY. (O&7) |
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08/24/2007
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ORAL ARGUMENT CALENDAR |
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08/24/2007
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ORDER-ORAL ARGUMENT RESCHEDULE GR |
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Appellee's motion to reschedule oral argument is granted and the above cases which were scheduled for oral argument on September 19, 2007, have been rescheduled for oral argument at 9:00 a.m. Monday, September 17, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. |
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09/17/2007
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ORAL ARGUMENT HELD |
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05/22/2008
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DISP-AFFIRMED |
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For the reasons stated above, we affirm the circuit court's denial of Hitchcock's motion for postconviction relief and deny Hitchcock's petition for a writ of habeas corpus. |
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06/05/2008
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MOTION-REHEARING |
AA James Ernest Hitchcock 058293 BY: AA James Lawrence Driscoll, Jr. 78840 |
0&7 (RC) |
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06/13/2008
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RESPONSE |
AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 |
TO MOTION FOR REHEARING (O&7) |
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09/17/2008
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DISP-REHEARING DY |
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(RC) |
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10/03/2008
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MANDATE |
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CC: COUNSEL |
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10/07/2008
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EXHIBITS RETURNED |
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1 VOLUME & 1 ENVELOPE |
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12/22/2008
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ARCHIVES |
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M/R Box 3157 (1 Box) |
