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Case Number:  SC04-1425  - Closed

THEODORE RODGERS, JR.  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): 01CF-2386


 Date Docketed
Description
Filed By
Notes
07/19/2004 NOTICE-APPEAL (INITIAL) AA Theodore Rodgers, Jr. 010243 BY: WD Gerod J. Hooper 831300  
07/19/2004 ORDER-CIRCUIT COURT   DATED 06/16/2004, AFFIDAVIT OF INSOLVENCY FOR PURPOSE OF APPEAL
08/06/2004 No Fee - Insolvent    
08/10/2004 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR: 09/27/2004; ROA: 10/18/2004; EXH: 05/18/2005 (IF ANY)
10/15/2004 RECORD/TRANSCRIPT Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE VOLUMES I - VIII (PLEADINGS) - VOLUMES I - IX (TRANSCRIPTS W/DISKS) AND INDEX OF EXHBITS.
10/19/2004 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-35)
10/21/2004 DESIGNATION-PUBLIC DEFENDER   AA Theodore Rodgers, Jr. 010243 BY: AA Eileen Forrester OF THE SEVENTH JUDICIAL CIRCUIT AS COUNSEL FOR DEFENDANT ON APPEAL
11/16/2004 MOTION-RECORD SUPPLEMENTATION AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238  
11/16/2004 MOTION-TOLL TIME AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238  
01/05/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellant's Motion to Supplement the Record is granted. The court reporter is directed, on or before January 25, 2005, to file with the trial court clerk the transcript (along with diskettes) for the hearing held October 20-22, 2003, before the Honorable Belvin Perry, Judge of the Circuit Court of the Ninth Judicial Circuit. 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 February 4, 2005, to supplement the record with the above item. Appellant's Motion To Toll Time is granted and appellant shall have ninety (90) days from filing of the supplemental record in which to serve the initial brief on the merits.
01/31/2005 MOTION-RECORD SUPPLEMENTATION AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238  
01/31/2005 MOTION-TOLL TIME AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 GRANTED
02/04/2005 SUPP RECORD/TRANSCRIPT Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE VOLUMES 1 -3 W/DISKS
03/09/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellant's Motion to Supplement the Record is granted. The court reporters are directed, on or before April 8, 2005, to file with the trial court clerk the transcripts (along with diskettes) for the hearings listing in paragraph 2 a.-i. 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 April 18, 2005, to supplement the record with the above items. Appellant's Motion to Toll Time is granted and appellant shall have ninety (90) days from the filing of the supplemental record in which to serve the initial brief on the merits. THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD - VOLUME 4, ETC." AND PAGE NUMBERING SHOULD START WITH PAGE 402 AND RUN CONSECUTIVELY.
05/02/2005 MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238  
05/10/2005 ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP)   The motion for extension of time filed in the above cause is granted and the time for filing the supplemental record with this Court is extended to and including May 19, 2005.
06/06/2005 SUPP RECORD/TRANSCRIPT Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE VOLUMES 4 - 13 W/DISKS (SEE LTR OF 06/07/2005)
06/07/2005 LETTER   TO OFFICIAL COURT REPORTERS: RE: The Court has received the record on appeal (along with the diskettes) for the transcripts in the above case. 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 diskettes filed with the above record will be retained; however, please be advised that in accordance with ACS04-84 after April 1, 2005, an electronic version of all future transcripts of hearings in death cases must be e-mailed to this Court at the following e-mail address: e-file@flcourts.org.
06/08/2005 EXHIBITS Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE 1 BOX (ORIGINALS) W/INDEX
09/08/2005 INITIAL BRIEF-MERITS AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 FILED AS "AMENDED INITIAL BRIEF OF APPELLANT" (O&7 & E-MAIL)
09/08/2005 REQUEST-ORAL ARGUMENT AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238  
09/09/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Appellant's initial brief on the merits, which was filed with this Court on September 8, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Appellant is hereby directed, on or before September 28, 2005, to serve an original and seven (7) copies of an amended initial brief on the merits which does not exceed one hundred (100) pages in length.
09/09/2005 SUPP RECORD/TRANSCRIPT Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE 2ND SUPPL - VOLUME 1 & 11; 09/15/2005: RETN'D FOR CORR PAGINATION & CONSECUTIVELY NUMBERED VOLUMES; 09/22/2005: CORR SUPPL ROA FILED VOLUMES 14 & 15
09/29/2005 INITIAL AMD BRIEF-MERITS AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 O&7 & E-MAIL
10/07/2005 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7 & E-MAIL
10/14/2005 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7
12/09/2005 REPLY BRIEF-MERITS AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 O&7 & E-MAIL
01/03/2006 ORDER-OA SCHED   The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, March 8, 2006. A maximum of thirty (30) 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.
01/03/2006 ORAL ARGUMENT CALENDAR    
01/20/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7
03/06/2006 NOTICE-SUPPLEMENTAL AUTHORITY AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 O&7
03/06/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7
03/08/2006 ORAL ARGUMENT HELD    
03/13/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7
05/08/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7
06/19/2006 NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida STATE BY: AE Barbara C. Davis 410519 O&7
10/26/2006 DISP-AFFIRMED   Based on our review and analysis above, we affirm the judgment and sentence of death in this case.
11/09/2006 MOTION-REHEARING AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 O&7 (RC) (12/01/2006: APPLICATION FOR REHEARING WITH CORRECTED CERTIFICATE OF SERVICES FILED- 0&7)
11/13/2006 MOTION-REHEARING AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 (O & 7) (11/14/2006: AMENDED MOTION REHEARING FILED - O&7)
11/17/2006 MAIL RETURNED   JAMES R. WULCHAK - OPINION -
11/22/2006 RESPONSE AE State Of Florida STATE BY: AE Barbara C. Davis 410519 TO MOTION FOR REHEARING (O&7)
12/01/2006 MOTION-MOTION AMENDMENT/SUPPLEMENT AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 FILED AS " MOTION TO FILE CORRECTED CERTIFICATE OF SERVICE TO STATE'S APPLICATION FOR REHEARING (O&7)
12/11/2006 ORDER-MOTION AMENDMENT/SUPPLEMENT GR   Appellee's Motion to File Corrected Certificate of Service to State's Application for Rehearing is hereby granted and said application for rehearing with corrected certificate of service was filed with this Court on December 1, 2006. Appellant is allowed to and including December 13, 2006, in which to respond to the appellee's application for rehearing.
12/14/2006 RESPONSE AA Theodore Rodgers, Jr. 010243 BY: AA James R. Wulchak 249238 TO STATE'S MOT/REHEARING (O&7)
01/24/2007 DISP-REHEARING DY   Appellant's Motion for Rehearing is hereby denied. Appellee's Motion for Rehearing is hereby denied. (RC)
02/09/2007 MANDATE   CC: PARTIES
02/09/2007 ORDER-COUNS APPOINTMENT (POST-CONVICTION)   PURSUANT TO FLA.R. CRIM. P. 3.851(b), CCRC MIDDLE SHALL FILE BY 03/12/2007, A NOTICE APPEARANCE IN TRIAL COURT OR A MOTION WITHDRAW; THE CHIEF JUDGE OF THE CIRCUIT SHALL FORTHWITH ASSIGN CASE TO A JUDGE QUALIFIED TO HANDLE CAPITAL CASES & A COPY OF SAID ASSIGNMENT SHALL BE FURNISHED TO THIS COURT; IF A MOTION WITHDRAW IS FILED THE CHIEF JUDGE OR ASSIGNED JUDGE SHALL RULE ON THE MOTION WITHIN 15 DAYS & APPOINT NEW POSTCONVICTION COUNSEL, IF NECESSARY.
02/12/2007 EXHIBITS RETURNED   1 BOX
02/16/2007 NOTICE-REPOSITORY (AG) AE State Of Florida STATE BY: AE Barbara C. Davis 410519 JAMES MCDONOUGH, DOC
02/16/2007 NOTICE-REPOSITORY (AG) AE State Of Florida STATE BY: AE Barbara C. Davis 410519 LAWSON LAMAR, STATE ATTY, 9TH CIRCUIT
04/16/2007 ARCHIVES   M/R Boxes 3021, 3022
04/24/2007 USSC CERTIORARI 06-10961 & DOCKETED 05/01/2007
05/07/2007 USSC NOT/CERT FILED IN FSC 06-10961  
10/08/2007 USSC DISP-CERTIORARI DY 06-10961