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Case Number:  SC03-735  - Closed

MELVIN TROTTER  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): 86-1225-F


 Date Docketed
Description
Filed By
Notes
04/24/2003 NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) AA Melvin Trotter 573461 BY: AA Robert T. Strain 325961  
05/06/2003 No Fee Required   3.850 PROCEEDING
05/08/2003 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR:07/03/2003; ROA: 07/23/2003; EXH: 02/23/2004 (IF ANY)
07/11/2003 RECORD/TRANSCRIPT Hon. Richard B. Shore, Clerk MANATEE BY: Hon. Richard B. Shore, Clerk MANATEE VOLUMES 1 - 18 (1 BOX)
07/11/2003 EXHIBITS Hon. Richard B. Shore, Clerk MANATEE BY: Hon. Richard B. Shore, Clerk MANATEE 2 ENVELOPES - STATE'S EXHIBITS (1 ENVELOPE ) DEFENDANT'S EXHIBITS (1 ENVELOPE)
07/15/2003 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-35)
11/10/2003 INITIAL BRIEF-MERITS AA Melvin Trotter 573461 BY: AA Carol C. Rodriguez 931720 O&7(NO SOA; NO CERT.OF COMPLIANCE; NO DISK); 10/13/2003: REQ.AMED BRFS
11/13/2003 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Appellant's initial brief, which was filed with this Court on November 10, 2003, does not comply with Florida Rules of Appellate Procedure 9.120(a)(2) and 9.120(b)(4) and is hereby stricken. Appellant is hereby directed, on or before December 3, 2003, to serve an amended initial brief which contains a Summary of Argument and a Certificate of Compliance that immediately follows the Certificate of Service.
11/17/2003 NOTICE-ADDRESS CHANGE AE State Of Florida STATE BY: AE Robert J. Landry 134101 OFFICE OF THE ATTORNEY GENERAL
12/01/2003 INITIAL AMD BRIEF-MERITS AA Melvin Trotter 573461 BY: AA Carol C. Rodriguez 931720 O&7 W/DISK
12/01/2003 MOTION-OTHER SUBSTANTIVE AE State Of Florida STATE BY: AE Robert J. Landry 134101 TO REQUIRE A COMPLETE RECORD OR IN THE LATERNATIVE TO RELINQUISH EXHIBITS TO LOWER COURT TO ALLOW COPYING W/APPENDIX (O&7 W/DISK)
12/01/2003 MOTION-TOLL TIME AE State Of Florida STATE BY: AE 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   Upon consideration of Appellee/Respondent's Motion to Require a Complete Record or in the Alternative to Relinquish Exhibits to Lower Court to Allow Copying, it is ordered that the Motion to Require a Complete Record is hereby granted. A complete copy of the exhibits filed with this Court on July 11, 2003, are herewith provided to counsel for the parties. The Motion to Toll Time for Serving Appellee's Brief and Respondent's Response to Petition for Writ of Habeas Corpus is hereby granted. Appellee/Respondent shall have to and including March 22, 2004, in which to serve the answer brief on the merits and the response to the petition for writ of habeas corpus.
03/22/2004 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Robert J. Landry 134101 O&7 W/DISK
03/25/2004 ORDER-OA SCHED    
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 AA Melvin Trotter 573461 BY: AA 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-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.
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.
12/13/2004 MOTION-REHEARING ON MISC ORDER AE State Of Florida STATE BY: AE Robert J. Landry 134101 FILED AS "MOTION FOR CLARIFICATION) (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.
12/17/2004 RELINQUISHMENT STARTED    
05/31/2005 MOTION-EXT OF TIME (RELINQ PERIOD) Hon. Andrew Douglas Owens, Jr., Judge 152228 BY: Hon. Andrew Douglas Owens, Jr., Judge 152228 FILED AS "LETTER AS A REQUEST FOR EXTENSION OF TIME".
06/08/2005 ORDER-EXT OF TIME GR (RELINQ PERIOD)   The request for extension of time is granted and the time to complete the relinquishment proceedings per this Court's Order dated December 17, 2004, is hereby extended to and including July 8, 2005.
07/21/2005 SUPP RECORD/TRANSCRIPT Hon. Richard B. Shore, Clerk MANATEE BY: Hon. Richard B. Shore, Clerk MANATEE VOLUMES XIX - XXI OF RELINQUISHMENT PROCEEDINGS
07/21/2005 RELINQUISHMENT ENDED    
08/04/2005 ORDER-DEP BRIEF SCHED (SUPPLEMENTAL)   The parties in the above case are directed to serve supplemental briefs as follows: Appellant's supplemental initial brief is to be served on or before September 6, 2005; appellee's supplemental answer brief shall be served thirty (30) days after service of appellant's supplemental initial brief. (30;30)
09/06/2005 SUPP INITIAL BRIEF-MERITS AA Melvin Trotter 573461 BY: AA Carol C. Rodriguez 931720 O&7 & E-MAIL
09/06/2005 SUPP ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Robert J. Landry 134101 O&7 & E-MAIL
10/31/2005 ORDER-ORAL ARGUMENT RESCHEDULE    
10/31/2005 ORAL ARGUMENT CALENDAR    
11/15/2005 NOTICE-APPEARANCE AA Melvin Trotter 573461 BY: AA 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 DISP-AFFIRMED   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
06/15/2006 EXHIBITS RETURNED   2 ENVELOPES
08/11/2006 ARCHIVES   M/R - BOXES 2047-2048