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Case Number:  SC03-648  - Closed

MERYL S. MCDONALD  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): CRC94-2958CFANO-B


 Date Docketed
Description
Filed By
Notes
03/31/2003 NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) Meryl S. Mcdonald A180399 BY: WITH ATTACHMENTS
03/31/2003 LETTER DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) W/COPIES OF NOTICE OF APPEAL, ETC.
04/03/2003 ORDER-DISTRICT COURT OF APPEAL   DATED 04/01/2003 TSFR APPEAL TO FSC W/COPIES OF NOTICE OF APPEAL, ETC.
04/22/2003 No Fee Required   3.850 PROCEEDING
04/30/2003 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR: 06/09/2003; ROA: 06/30/2003; EXH: 12/01/2003 (IF ANY)
05/21/2003 ORDER-RELINQUISHMENT (MISC)   Appellant Meryl S. McDonald has filed pro se in this case a notice of appeal, which appeals an order denying a postconviction motion for relief. Appellant cannot proceed without counsel in this proceeding in this Court. We therefore relinquish jurisdiction to the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, and direct that the circuit court, within thirty (30) days of the date of this order, appoint counsel to represent appellant in the appeal in this Court. Within ten (10) days of the date of the circuit court order appointing counsel, appellant's appointed counsel shall file a notice of appearance in this Court, at which time this Court will set a briefing schedule for briefs which are to be filed by counsel on behalf of appellant.
06/09/2003 ORDER-CIRCUIT COURT   APPOINTING PUBLIC DEFENDER DATED 06/02/2003
06/12/2003 NOTICE-APPEARANCE DM Meryl S. Mcdonald 180399 BY: WD Ronald J. Eide 0216607 FILED AS PUBLIC DEFENDER RESPONSE TO ORDER OF 05/21/2003.
06/12/2003 MOTION-REHEARING ON MISC ORDER   (PRO SE) RE: ORDERS DATED 04/30/2003 & 05/21/2003. - (SEE ORDER DATED 06/24/2003)
06/23/2003 RECORD/TRANSCRIPT Hon. Karleen F. Deblaker, Clerk BY: Hon. Karleen F. Deblaker, Clerk VOLUMES 1 - 21; TRANSCRIPTS VOLS 14 - 21 (1 BOX); 06/30/2003: DISKS FILED
06/24/2003 ORDER-RESPONSE/REPLY REQUESTED   TO PRO SE MOT/REHEARING FILED 06/12/2003
06/25/2003 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-25)
06/30/2003 LETTER Kanabay & Kanabay Reporting PINELLA BY: Kanabay & Kanabay Reporting PINELLA W/DISKS FOR 11/29-30/2001 & 07/25/2001 HEARINGS
07/02/2003 DESIGNATION-PUBLIC DEFENDER   10TH JUDICIAL CIRCUIT FOR HANDLING OF APPEAL
07/02/2003 MAIL RETURNED   DM Meryl S. Mcdonald 180399 BY: AA Ronald J. Eide 0216607 - 06/24/2003 ORDER; 07/02/2003: RE-MAILED TO CORRECT STREET ADDRESS
07/03/2003 RESPONSE AE State Of Florida STATE BY: AE Kimberly Nolen Hopkins 986682 TO PRO SE MOT/REHEARING (O&7 W/DISK)
07/03/2003 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT DM Meryl S. Mcdonald 180399 BY: WD Deborah K. Brueckheimer 278734 AND NO RESPONSIBLITY UNDER CH. 27
08/26/2003 ORDER-STRIKE   Meryl S. McDonald's motion for rehearing to reconsider this Court's Orders dated April 30, 2003, and May 21, 2003, is hereby stricken.
08/26/2003 ORDER-COUNS WITHDRAWAL BASED ON CONFLICT DY   The Motion to Withdraw as Appellate Counsel Due to Conflict and No Responsibility Under Ch. 27 filed in the above cause by Deborah K. Brueckheimer is denied without prejudice to file in the trial court.
09/24/2003 ORDER-CIRCUIT COURT   DATED 9/18/2003, APPOINTING CCRC-MIDDLE TO REPRESENT DEFENDANT FOR PURPOSES OF COLLATERAL APPEAL
11/19/2003 EXHIBITS Hon. Karleen F. Deblaker, Clerk BY: Hon. Karleen F. Deblaker, Clerk 1 VOLUME; 03/11/2005: RETN'D TO CIRC CT FOR COPIES TO COUNSEL; 04/11/2005: EXHIBITS RETURNED FROM CIRC CT (1 VOLUME)
12/22/2003 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) DM Meryl S. Mcdonald 180399 BY: AA Daphney Elaine Gaylord 136298  
02/04/2004 LETTER   (PRO SE) STATUS OF INITIAL BRIEF; 02/11/04: ADVISED WHEN BRF IS DUE & MOT-EXT OF TIME FILED.
03/29/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)    
04/19/2004 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE); SEE ORDER DATED 05/03/2004, REQUESTING RESPONSES.
04/21/2004 INITIAL BRIEF-MERITS   (PRO SE) ORIGINAL ONLY/NO DISK (BRIEF EXCEEDS PAGE LIMIT)
04/30/2004 INITIAL BRIEF-MERITS DM Meryl S. Mcdonald 180399 BY: AA Daphney Elaine Gaylord 136298 O&7 W/DISK (ORAL ARGUMENT REQUESTED IN BRIEF)
05/03/2004 ORDER-RESPONSE/REPLY REQUESTED   Appellant, Pro Se, has filed a Motion to Discharge Appointed Counsel Because of an Irreconcilable Conflict, and Failure to Act as Appellant's Legal Agent During Postconviction Appeal Proceedings. Counsel for the parties are hereby requested to serve responses to the above-referenced motion on or before May 18, 2004.
05/03/2004 ORDER-STRIKE   Appellant's pro se initial brief and index of exhibits filed with this Court on April 21, 2004, is hereby stricken without prejudice to refile if Court grants pro se motion to discharge counsel filed with this Court on April 19, 2004.
05/03/2004 MOTION-RECORD SUPPLEMENTATION DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 05/19/2004: AMD MOTION FILED
05/07/2004 LETTER   (PRO SE) W/COPY OF LETTER SENT TO HIS COUNSEL REQUESTING COPY OF INITIAL BRIEF
05/10/2004 RESPONSE AE State Of Florida STATE BY: AE Kimberly Nolen Hopkins 986682 TO PRO SE MOTION TO DISCHARGE APPOINTED COUNSEL/MOTION TO STRIKE INITIAL BRIEF - (O&7 W/DISK)
05/10/2004 MOTION-STRIKE AE State Of Florida STATE BY: AE Kimberly Nolen Hopkins 986682 INITIAL BRIEF FILED BY ATTORNEY CANNON; 07/12/2004: PRO SE MOT/STRIKE CCRC'S INITIAL BRIEF.
05/19/2004 RESPONSE DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 MOTION TO DISCHARGE APPOINTED COUNSEL
05/24/2004 REPLY TO RESPONSE DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) TO PRO SE MOTION TO DISCHARGE APPOINTED COUNSEL/MOTION TO STRIKE INITIAL BRIEF
05/28/2004 REPLY TO RESPONSE DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) TO MR. CANNON'S RESPONSE TO PRO SE MOTION TO DISCHARGE APPOINTED COUNSEL; 08/19/2004: (PRO SE ) 2ND REPLY TO RESPONSE.
06/17/2004 MOTION-TOLL TIME AE State Of Florida STATE BY: AE Kimberly Nolen Hopkins 986682 FOR FILING ANSWER BRIEF
06/24/2004 ORDER-TOLLING GR   Appellee/Respondent's motion to toll time for filing answer brief and response to petition for writ of habeas corpus is granted and the time for filing said answer brief and response is tolled pending disposition of the pro se motion to discharge appointed counsel filed in the Court on April 19, 2004, appellee's motion to strike initial brief filed in this Court on May 10, 2004, and appellant's motion to supplement the record filed in this Court on May 19, 2004.
07/21/2004 NOTICE-APPEARANCE AE State Of Florida STATE BY: AE Katherine V. Blanco 327832 BY KATHERINE V. BLANCO AS COUNSEL FOR THE STATE OF FLORIDA
01/21/2005 MOTION-RECORD SUPPLEMENTATION AE State Of Florida STATE BY: AE Katherine V. Blanco 327832 FILED AS "MOTION TO REQUIRE COMPLETION OF THE RECORD (O&7)
03/10/2005 ORDER-COUNS WITHDRAWAL BASED ON CONFLICT DY   Appellant's Pro Se Motion to Discharge Appointed Counsel Because of an Irreconcilable Conflict, and Failure to Act as Appellant's Legal Agent During Postconviction Appeal Proceedings is hereby denied without prejudice.
03/10/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Upon consideration of Appellee's Response to Pro Se Motion to Discharge Appointed Counsel/Motion to Strike Initial Brief, it is ordered that the Motion to Strike Initial Brief is granted and appellant's initial brief on the merits, which was filed with this Court on April 30, 2004, does not comply with Florida Rule of Appellate Procedure 9.210(b) and is hereby stricken. Appellant is hereby directed, on or before April 11, 2005, to serve an original and seven (7) copies of an amended initial brief which complies with said rule and issues presented in the Motion to Strike Initial Brief.
03/10/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellant's Amended Motion to Supplement the Record and Motion to Require Completion of the Record are granted. The court reporters are directed, on or before March 3, 2005, to file with the trial court clerk the transcripts (along with diskettes) for the hearings held January 30, 2001, April 19, 2001, and July 25, 2001. 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 March 14, 2005, to supplement the record with the above items. The trial court clerk is further directed to supplement the record and provide counsel for the parties and this Court with a complete copy of all copyable exhibits introduced during the lower court proceedings as requested in said motion (copy attached). The exhibits filed in this Court on November 19, 2003, are returned herewith to the Clerk of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, to enable the trial court clerk to comply with this Court's order. 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 all original exhibits to this Court.
03/11/2005 EXHIBITS RETURNED   (1 VOLUME) TO CIRC CT TO COPY ALL COPYABLE EXHIBITS TO COUNSEL
03/23/2005 SUPP RECORD/TRANSCRIPT Hon. Karleen F. Deblaker, Clerk BY: Hon. Karleen F. Deblaker, Clerk VOLUME 1 (CONSISTING OF TRANSCRIPTS ONLY)
04/11/2005 SUPP RECORD/TRANSCRIPT Hon. Ken Burke, Clerk PINELLA BY: Hon. Ken Burke, Clerk PINELLA 1 VOLUME EXHIBITS (COPIES)
04/11/2005 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE)
04/12/2005 EXHIBITS Hon. Karleen F. Deblaker, Clerk BY: Hon. Karleen F. Deblaker, Clerk 1 VOLUME (ORIGINALS)
04/18/2005 INITIAL AMD BRIEF-MERITS DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 O&7 & E-MAIL
04/18/2005 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 Appellant's Motion to Accept Out of Time Brief is hereby denied as moot.
04/19/2005 MOTION-STRIKE AE State Of Florida STATE BY: AE Katherine V. Blanco 327832 AMENDED BRIEF OF APPELLANT
05/09/2005 MOTION-STRIKE DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) CCRC'S AMENDED INITIAL BRIEF - Appellant's Pro Se Motion to Strike CCRC'S Amended Initial Brief is hereby denied.
05/27/2005 ORDER-COUNS WITHDRAWAL BASED ON CONFLICT DY   Appellant's Second Pro Se Motion to Discharge Appointed Appellate Postconviction Counsel is denied without prejudice to file in the trial court.
06/22/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Appellee's Motion to Strike Amended Brief of Appellant is hereby granted with leave to file a second amended brief within thirty (30) days. Counsel is cautioned that continued failure to file an adequate brief in conformance with appellate rules may result in sanctions or removal from the case. Appellant's amended brief, which was filed with this Court on April 18, 2005, does not comply with Florida Rules of Appellate Procedure 9.210(b)(3)-(4) and is hereby stricken. Appellant is hereby directed, on or before July 22, 2005, to serve an original and seven (7) copies of an amended initial brief which complies with said rules and issues presented in the Motion to Strike Amended Brief. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents AOSC04-84 dated September 13, 2004, counsel are directed to include a copy of all briefs in an electronic format as required by the provisions of that order. Appellant's Pro Se Motion to Strike CCRC'S Amended Initial Brief is hereby denied. Appellant's Motion to Accept Out of Time Brief is hereby denied as moot.
07/08/2005 NOTICE DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) OF OBJECTION TO COURT ORDER DATED 06/22/2005.
07/11/2005 ORDER-CIRCUIT COURT   ORDER TO STATE SETTING A HEARING ON DEFENDANT'S AMENDED MOTION TO DISCHARGE APPOINTED APPELLATE POSTCONVICTION COUNSEL AND FOR SELF-REPRESENTATION (DATED07/05/2005, BY JUDGE SUSAN F. SCHAEFFER)
07/25/2005 INITIAL AMD BRIEF-MERITS DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 (2nd) O&7 & E-MAIL (SEE 08/31/2005, ORDER)
08/08/2005 MOTION-STRIKE DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) CCRC'S SECOND AMENDED BRIEF AND MOTION TO ACCEPT PRO SE AMENDED INITIAL BRIEF AND APPELLANT'S INDEX OF EXHIBITS; 01/04/2006: COPY FILED
08/31/2005 ORDER-STRIKE DY   The Motion to Strike CCRC's Second Amended Brief and Motion to Accept Pro Se Amended Initial Brief and Appellant's Index of Exhibits filed by Meryl S. McDonald is hereby denied. Appellant's Second Amended Brief was filed with this Court on July 25, 2005.
09/19/2005 MOTION-REHEARING ON MISC ORDER DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399  
10/26/2005 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Katherine V. Blanco 327832 O&7 & E-MAIL
11/07/2005 LETTER   (PRO SE) INQUIRING RE: DIRECTIONS TO CLERK & WHETHER THESE DOCUMENTS WERE INCLUDED IN THE RECORDL 11/08/2005: ADVISED FORWARDING LETTER TO HIS COUNSEL FOR REVIEW.
11/18/2005 ORDER-OTHER SUBSTANTIVE DY   Appellant's Pro Se Motion for Rehearing on Order dated August 31, 2005, is hereby denied.
03/03/2006 ORDER-OA SCHED   The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, May 3, 2006. A maximum of twenty (20) minutes to the side is allowed, 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.
03/03/2006 ORAL ARGUMENT CALENDAR    
03/20/2006 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 PRO SE (FILED AS "APPELLANT'S THIRD MOTION TO DISCHARGE CCRC-MR, AND MOTION FOR CONTINUANCE OF ORAL ARGUMENT".
04/20/2006 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 PRO SE (FILED AS "APPELLANT'S SECOND AMENDED MOTION TO DISCHARGE CCRC-MR, AND MOTION FOR CONTINUANCE OF ORAL ARGUMENT)
05/03/2006 ORAL ARGUMENT HELD    
05/04/2006 ORDER-COUNS WITHDRAWAL BASED ON CONFLICT DY   Appellant's Pro Se Motions to Discharge CCRC-MR, and Motion for Continuance of Oral Argument are denied.
06/05/2006 LETTER   (PRO SE) DATED 06/01/2006
09/29/2006 LETTER   (PRO SE) DATED 09/26/2006 RE: STATUS OF CASE
11/02/2006 DISP-AFFIRMED   For the reasons discussed above, we affirm the circuit court's denial of postconviction relief and deny the petition for writ of habeas corpus.
11/09/2006 NOTICE AE State Of Florida STATE BY: AE Katherine V. Blanco 327832 OF SCRIVENER'S ERROR IN SLIP OPINION (O&7)
11/16/2006 WEST CORRESPONDENCE   CORRECTED OPINION - On page 20, in the third line of the paragraph that begins on page 20, the clause "trial counsel was ineffective for requesting a Frye hearing on the bloodstain evidence" has been corrected to read "trial counsel was ineffective for not requesting a Frye hearing on the bloodstain evidence."
11/20/2006 MOTION-REHEARING DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 O&7 (FILED LATE) (RC)
11/20/2006 MOTION-REHEARING DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) (STRICKEN)
11/29/2006 MOTION-STRIKE AE State Of Florida STATE BY: AE Katherine V. Blanco 327832 FILED AS "MOTION TO STRIKE PRO SE MOTION FOR REHEARING AS UNAUTHORIZED AND MOTION TO STRIKE CCRC'S MOTION FOR REHEARING AS UNTIMELY AND IN VIOLATION OF RULE 9.330" (O&7) (03/12/2007: GRANT MOT/STRIKE PRO SE REH; DENY MOT/STRIKE CCRC REH).
11/29/2006 RESPONSE DM Meryl S. Mcdonald 180399 BY: AA Peter James Cannon 109710 TO STATE'S MOTION TO STRIKE MOTION FOR REHEARING
12/11/2006 RESPONSE DM Meryl S. Mcdonald 180399 BY: DM Meryl S. Mcdonald 180399 (PRO SE) TO STATE'S MOTION TO STRIKE MOTION FOR REHEARING
02/02/2007 LETTER   (PRO SE) DATED 01/29/2007 REQUESTING TO BE NOTIFIED UPON REH DISPOSITION AND MANDATE
03/12/2007 DISP-REHEARING DY   Upon consideration of Appellee/Respondent's Motion to Strike Pro Se Motion for Rehearing as Unauthorized and Motion to Strike CCRC's Motion for Rehearing as Untimely and in Violation of Rule 9.330, it is ordered that the Motion to Strike Pro Se Motion for Rehearing as Unauthorized is granted and said pro se motion for rehearing filed with this Court on November 20, 2006, is hereby stricken. The Motion to Strike CCRC's Motion for Rehearing as Untimely and in Violation of Rule 9.330 is hereby denied. Appellant/Petitioner's Motion for Rehearing is hereby denied.
03/28/2007 MANDATE   CC: PARTIES
03/29/2007 EXHIBITS RETURNED   1 YELLOW ENVELOPE (ORIGINALS)
06/12/2007 ARCHIVES   M/R Box 3032 (Add on M/R Box 3065, 3066 11/30/2007)