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Case Number:  SC03-760  - Closed

DIETER RIECHMANN  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): 87-42355


 Date Docketed
Description
Filed By
Notes
04/28/2003 NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427  
04/29/2003 MOTION-STAY (PROCEEDINGS BELOW) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 (EMERGENCY) IN ORDER TO HEAR MR. RIECHMANN'S APPEAL OF DENIAL OF RULE 3.851 RELIEF (O&1)
05/05/2003 NOTICE-FILING AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 REGARDING DATE ERROR
05/08/2003 RESPONSE AE State Of Florida STATE BY: AE Sandra S. Jaggard 12068 TO MOT/STAY AND MOT/DISMISS OR PERMIT THE LOWER COURT TO EXERCISE CONCURRENT JURISDICTION (O&7); 05/30/2003: SEE ORDER-MOT/DISMISS DENIED.
05/12/2003 No Fee Required   3.850 PROCEEDING
05/12/2003 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR:07/07/2003; ROA: 07/28/2003; EXH; 03/01/2004
05/14/2003 RESPONSE AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 TO MOTION TO DISMISS OR PERMIT THE LOWER COURT TO EXERCISE CONCURRENT JURISDICTION - (O&7)
05/29/2003 DESIGNATION-COURT REPORTER (COPY)   SUPPLEMENTAL
05/30/2003 ORDER-DISMISS DY   Appellee's Motion to Dismiss or Permit the Lower Court to Exercise Concurrent Jursidiction
05/30/2003 ORDER-STAY PROCEEDINGS BELOW GR   and proceedings in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida are hereby stayed pending disposition of the notice of appeal filed herein.
06/17/2003 MAIL RETURNED   (ORDER-RECORD FILING DATED 05/21/2003) FROM CAPITOL REPORTERS, INC., COURT HOUSE PLAZA, 28 W. FLAGLER ST., SUITE 1000, MIAMI, FL 33130; 05/19/2003: RE-MAILED TO CORRECT ADDRESS.
07/07/2003 MOTION-EXT OF TIME (TRANSCRIPT) Capitol Reporters, Inc. BY: Capitol Reporters, Inc. -EXT TO 09/15/2003 (ROA+20)
07/11/2003 ORDER-EXT OF TIME GR (TRANSCRIPT)   The motion for extension of time filed in the above cause by Capitol Reporters, Inc. is granted and the time for filing the transcripts with the circuit court is extended to and including September 15, 2003. All other times will be extended accordingly.
12/12/2003 RECORD/TRANSCRIPT Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR VOLUMES 1 - 9 (NO DISKS); 12/12/2003: REQ DISKS
12/15/2003 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-35)
03/04/2004 EXHIBITS Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR 1 VOLUME IN LARGE BROWN ENVELOPE
04/08/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&1 -DENIED AS MOOT.
04/22/2004 MOTION-RECORD SUPPLEMENTATION AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 & MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S INITIAL BRIEF (O&1)
04/26/2004 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellant's Motion to Supplement the Record and Motion for Extension of Time to File Appellant's Initial Brief is granted. The court reporters are directed, on or before May 17, 2004, to file with the trial court clerk the transcript (along with diskette) for the hearing held on July 11, 2002, in said motion (copy attached). 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 May 27, 2004, to supplement the record with the above item and with the items listed in paragraph one (1) b - f in said motion (copy attached). Appellant shall have thirty (30) days after receipt of the above supplemental record in which to serve the initial brief on the merits. Appellant's Motion for Extension of Time to File Appellant's Initial Brief filed with this Court on April 8, 2004, is hereby denied as moot.
06/14/2004 ORDER-EFILE/DISKETTE NON-COMPLIANCE   The record on appeal, which was filed with this Court on December 12, 2003, does not comply with Florida Rule of Appellate Procedure 9.142 (a)(2). The Clerk of the Eleventh Judicial Circuit in and for Dade County, Florida is hereby directed, on or before July 14, 2004, to obtain the diskettes for the following hearing dates from the court reporter(s) and then file the diskettes with this court (copy of hearing dates attached).
09/22/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 AND MOTION FOR LEAVE TO FILE CERTIFIED COPIES WITH REQUEST FOR ORDER DIRECTING CLERK TO ORGANIZE THE RECORD (O&1); REQUESTED AMENDED MOTION.
09/29/2004 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&1
09/30/2004 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP)   - EXT TO 11/01/2004, NFE
10/05/2004 SUPP RECORD/TRANSCRIPT Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR VOLUMES 1 & 2 (W/OUT DISK); REQUESTED BY ORDER; 12/13/2004: DISKS FILED
10/05/2004 ORDER-EFILE/DISKETTE NON-COMPLIANCE   The supplemental record on appeal, which was filed with this Court on October 5, 2004, does not comply with Florida Rule of Appellate Procedure 9.142 (a)(2). The Clerk of the Eleventh Judicial Circuit in and for Dade County, Florida is hereby directed, on or before November 4, 2004, to obtain the diskettes for the following hearing date from the court reporter and then file the diskettes with this court. Per this Court's Administrative Order No. AOSC00-43 In Re: Computer Format for Transcripts in Death Penalty Appeals, dated October 24, 2000, the court reporters are required to submit computer disks for transcripts in death penalty appeals, in addition to pager copies. (DISK FOR 07/11/2002 HRG)
10/21/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)   Upon consideration of Appellant's Motion for Extension of Time to File Appellant's Initial Brief and Motion for Leave to File Certified Copies with Request for Order Directing Clerk to Organize the Record, the Motion for Extension of Time to File Appellant's Initial Brief is denied as moot. The Motion for Leave to File Certified Copies with Request for Order Directing Clerk to Organize the Record is treated as a request for extension of time to file supplemental record on appeal and is hereby granted, and the supplemental record on appeal was filed with this Court on October 5, 2004. Purusant to this Court's Order dated April 26, 2004, appellant shall have thirty (30) days after receipt of the above supplemental record in which to serve the initial brief on the merits.
11/10/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 (SEE MOTION FILED 12/06/2004)
12/06/2004 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427  
12/13/2004 MISC. DOCKET ENTRY   DISKS FILED FOR THE HEARING OF 07/11/2002 (RE: FSC ORDER DATED 10/05/2004)
12/22/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)   Appellant's motion for extension of time is granted and appellant is allowed to and including January 11, 2005, in which to serve the initial brief on the merits. *NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
12/27/2004 INITIAL BRIEF-MERITS AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&7 W/DISK (BRIEF EXCEEDS 100 PAGES); 12/28/2004: MOTION PAGE ENLARGEMENT FILED.
12/28/2004 MOTION-BRIEF PAGE ENLARGEMENT AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 OF APPELLANT'S INITIAL BRIEF
12/28/2004 MOTION-AMICUS CURIAE MA Federal Republic Of Germany BY: MA Michael S. Tarre 106193 FILED AS "MOTION-EXTENSION OF TIME" & TREATED AS MOTION LEAVE TO FILE AMICUS BRIEF
01/03/2005 MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) MA Federal Republic Of Germany BY: MA Michael S. Tarre 106193 (2ND)
01/18/2005 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)   THE FEDERAL REPUBLIC OF GERMANY'S AMICUS CURIAE BRIEF; 01/21/2005: AMENDED MOTION FILED AS "STATEMENT TO MOT/ACCEPT AMICUS BRIEF AS TIMELY FILED.
01/18/2005 NOTICE-APPEARANCE   BY MICHAEL TARRE (FLORIDA BAR ATTY) AS COUNSEL FOR THE AMICUS CURIAE, THE FEDERAL REPUBLIC OF GERMANY
01/18/2005 AMICUS CURIAE INITIAL BRIEF-MERITS MA Federal Republic Of Germany BY: MA Michael S. Tarre 106193 O&7 W/DISK
02/23/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Upon consideration of the Motion for Leave to File Brief in Excess of Page Limitation, it is ordered that appellant's motion for leave to file brief in excess of page limitation is hereby denied and appellant's initial brief, which was filed with this Court on December 27, 2004, is hereby stricken. Appellant is hereby directed, on or before March 15, 2005, to serve an original and seven (7) copies of an amended initial brief which does not exceed 100 pages in length.
02/23/2005 ORDER-AMICUS CURIAE GR   The Motion for Extension of Time to File Amicus Brief filed December 28, 2004, has been treated as a Motion for Leave to File Amicus Brief, and it is ordered that the motion for leave to file amicus brief filed by the Federal Republic of Germany is hereby granted and they are allowed to file a brief only in support of appellant. Upon consideration of the Second Motion of the Federal Republic of Germany for Additional Time, Until January 17, 2005, Within Which to File its Amicus Brief, Motion to Accept its Amicus Brief as Timely Filed, and Supplement to Motion to Accept its Amicus Brief as Timely filed, it is ordered that said motions are granted and the original and seven (7) copies of amicus brief with disk by the above referenced amicus curiae was filed with this Court on January 18, 2005.
03/17/2005 INITIAL AMD BRIEF-MERITS AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&7 W/DISK
06/20/2005 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Sandra S. Jaggard 12068 O&7 & E-MAIL
06/20/2005 MOTION-RECORD SUPPLEMENTATION AE State Of Florida STATE BY: AE Sandra S. Jaggard 12068  
08/10/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellee's Motion to Supplement the Record is granted. The court reporters are directed, on or before August 30, 2005, to file with the trial court clerk the transcripts (along with an electronic copy) for the hearings held January 29, 2002, and June 4, 2002, in said motion (copy attached). 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 electronic version for this Court shall be submitted to the following e-mail address: e-file@flcourts.org. The trial court clerk is directed, on or before September 9, 2005, to supplement the record with the above items and with the letter dated February 27, 2003, in said motion (copy attached).
08/18/2005 NOTICE-ADDRESS CHANGE AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 FOR ATTORNEY TERRI L. BACKHUS
08/18/2005 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&1(AMENDED MOTION TO BE FILED); 10/10/2005: AMENDED MOTION FILED
09/19/2005 SUPP RECORD/TRANSCRIPT Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR VOLUME 3
10/24/2005 REPLY BRIEF-MERITS AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&7 & E-MAIL
10/25/2005 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)   Appellant's motion for extension of time is granted and appellant's reply brief on the merits was filed with this Court on October 24, 2005.
12/12/2005 ORDER-OA SCHED   The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, February 9, 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.
12/12/2005 ORAL ARGUMENT CALENDAR    
01/24/2006 LOWER TRIBUNAL DOCUMENTS   AA Dieter Riechmann 113993 BY: AA Terri L. Backhus 0946427 COPY OF AMENDED 2ND MOTION TO VACATE JUDGMENT OF CONVICTION W/SPECIAL REQUEST FOR LEAVE TO AMEND
02/09/2006 ORAL ARGUMENT HELD    
03/09/2006 MOTION-OTHER SUBSTANTIVE AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 TO COMPEL DNA TESTING; DENIED
03/31/2006 RESPONSE AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 TO MOTION TO COMPEL DNA TESTING (O&7)
03/31/2006 NOTICE AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 OF CORRECTION (O&7)
04/05/2006 NOTICE-SUPPLEMENTAL AUTHORITY AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&7 & E-MAIL
04/10/2006 MOTION-STRIKE AA Dieter Riechmann 113993 BY: AA Martin J. Mcclain 754773 RESPONSE TO MOTION TO COMPEL DNA TESTING (O&7)
04/10/2006 MOTION-REPLY FILING TO RESPONSE AA Dieter Riechmann 113993 BY: AA Martin J. Mcclain 754773 FILED AS "REQUEST TO FILE REPLY TO RESPONSE TO MOTION TO COMPEL DNA TESTING" (O&7)
04/10/2006 REPLY TO RESPONSE AA Dieter Riechmann 113993 BY: AA Martin J. Mcclain 754773 TO COMPEL DNA TESTING (O&7)
06/13/2006 ORDER-STRIKE DY   Appellant's Motion to Compel DNA Testing is hereby denied. Appellant's Motion to Strike Response to Motion to Compel DNA Testing is hereby denied.
06/13/2006 ORDER-REPLY TO RESPONSE FILING GR   Appellant's Request for Permission to File Reply to Response to Motion to Compel DNA Testing is granted and said reply was filed with this Court on April 10, 2006.
04/12/2007 DISP-AFFIRMED   In light of the above analysis, we affirm the trial court's denial of postconviction relief.
04/27/2007 MOTION-EXT OF TIME (REHEARING/REINSTATEMENT) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427  
04/30/2007 MOTION-REHEARING AA Dieter Riechmann 113993 BY: AA Martin J. Mcclain 754773 O&7 (RC)
05/03/2007 ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT)   Appellant's motion for extension of time is granted and Appellant's motion for rehearing was filed with this Court on April 27, 2007.
05/16/2007 LETTER AA Dieter Riechmann 113993 BY: AA Dieter Riechmann 113993 (PRO SE) DATED 5/4/07 RE: ISSUES THAT WERE FAILED TO BE RAISED IN REHEARING
06/19/2007 ORDER-RESPONSE/REPLY REQUESTED   Appellant, pro se, has filed a letter dated May 4, 2007. Counsel for the parties are hereby requested to serve a response to the above-referenced letter on or before July 5, 2007
07/02/2007 MOTION-EXT OF TIME (RESPONSE) AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&1
07/03/2007 RESPONSE MA Federal Republic Of Germany BY: MA Michael S. Tarre 106193 FILED AS "AMICUS CURIAE FEDERAL REPUBLIC OF GERMANY'S RESPONSE TO PRO SE MAY 4, 2007, LETTER OF APPELLANT DIETER RIECHMANN" (O&7)
07/05/2007 RESPONSE AE State Of Florida STATE BY: AE Sandra S. Jaggard 12068 FILED AS "RESPONSE TO PRO SE LETTER" (O&7)
07/06/2007 ORDER-EXT OF TIME GR (RESPONSE)   Appellant's motion for extension of time is granted and appellant is allowed to and including July 16, 2007, in which to serve its response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR SERVING THE RESPONSE. All other times are extended accordingly.
07/18/2007 RESPONSE AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 FILED AS "REQUESTED RESPONSE OF UNDERSIGNED COUNSEL TO MR. RIECHMANN'S PRO SE LETTER" (O&7)
09/20/2007 DISP-REHEARING DY IN LIGHT OF REVISED OPINION   In light of the revised opinion, the Appellant's Motion for Rehearing is hereby denied. The pro se letter filed with this Court on May 16, 2007, is hereby stricken. (RC)
10/05/2007 MOTION-REHEARING AA Dieter Riechmann 113993 BY: AA Terri Lynn Backhus 946427 O&7(RC)
11/30/2007 DISP-REHEARING DY   (RC)
12/17/2007 MANDATE   CC: COUNSEL, CIRCUIT JUDGE
12/17/2007 EXHIBITS RETURNED   1 ENVELOPE
01/31/2008 ARCHIVES   M/R Box 3087, 3088
07/01/2008 USSC NOT/CERT FILED IN FSC 07-11617  
07/02/2008 USSC CERTIORARI 07-11617 & DOCKETED 06/26/2008
10/13/2008 USSC DISP-CERTIORARI DY 07-11617