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Case Number:  SC04-1814  - Closed

KEN E. LOTT  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): 94-CF-4667-O


 Date Docketed
Description
Filed By
Notes
09/13/2004 NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) AA Ken Eldon Lott D026985 BY: AA Frank Bankowitz 171977 & 3.853 - DNA
09/17/2004 No Fee Required   3.850/3.851 & 3.853 PROCEEDING
09/28/2004 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR: 11/22/2004; ROA: 12/13/2004; EXH: 07/13/2005 (IF ANY)
09/29/2004 ORDER-INSOLVENCY   FOR PURPOSE OF APPEAL
12/21/2004 RECORD/TRANSCRIPT Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE VOLUMES 1 - 7 W/DISKS
12/21/2004 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-35)
12/23/2004 DESIGNATION-PUBLIC DEFENDER   (COPY) OF THE SEVENTH JUDICIAL CIRCUIT AS COUNSEL FOR DEFENDANT ON APPEAL; 01/10/2005 - SEE CIRC CT ORDER FILED VACATING THIS ORDER.
12/30/2004 MOTION-RECORD SUPPLEMENTATION AE State Of Florida STATE BY: AE Scott A. Browne 802743 FILED AS " MOTION TO REQUIRE COMPLETION OF RECORD" (O&7)
01/10/2005 ORDER-CIRCUIT COURT   DATED 01/03/2005, APPOINTING FRANK BANKOWITZ TO REPRESENT DEFENDANT, NUNC PRO TUNC TO 09/30/2004. THE ORDER APPOINTING PUBLIC DEFENDER DATED 09/30/2004, IS VACATED.
01/19/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellee's Motion to Require Completion of the Record is granted. The Clerk of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida is directed, on or before February 18, 2005, to supplement the record and provide counsel for the parties and this Court with a complete copy of all copyable exhibits introduced to the evidentiary hearing that occurred on July 26-28, 2004, as requested in said motion (copy attached). 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 file all original exhibits with this Court.
02/17/2005 ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)   Appellant's Motion to Supplement the Record is granted. The trial court clerk is directed, on or before February 28, 2005, to supplement the record with the Order of Appointment Nunc Pro Tunc dated January 3, 2005 (copy attached).
02/17/2005 MOTION-RECORD SUPPLEMENTATION AA Ken Eldon Lott D026985 BY: AA Frank Bankowitz 171977  
02/21/2005 EXHIBITS Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE 2 LARGE ENVELOPOES (1 ENVELOPE WITH ORIGINALS AND 1 ENVELOPE WITH COPIES)
03/02/2005 SUPP RECORD/TRANSCRIPT Hon. Lydia Gardner, Clerk ORANGE BY: Hon. Lydia Gardner, Clerk ORANGE 1 VOLUME
04/18/2005 INITIAL BRIEF-MERITS AA Ken Eldon Lott D026985 BY: AA Frank Bankowitz 171977 O&7 & E-MAIL
07/20/2005 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Scott A. Browne 802743 O&7 & E-MAIL; SEE ORDER DATED 01/19/2006 - BRIEF STRICKEN
07/20/2005 MOTION-STRIKE AE State Of Florida STATE BY: AE Scott A. Browne 802743 ISSUE IV FOR LACK OF JURISDICTION (O&7)
09/27/2005 ORDER-STRIKE DY   Appellee's Motion to Strike Issue IV from Appellant's Initial Brief for Lack of Jurisdiction is hereby denied.
12/06/2005 ORDER-OA SCHED   The above case is hereby scheduled for oral argument at 9:00 a.m., Monday, February 6, 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.
12/06/2005 ORAL ARGUMENT CALENDAR    
12/22/2005 ANSWER AMD BRIEF-MERITS AE State Of Florida STATE BY: AE Scott A. Browne 802743 O&7 & E-MAIL
12/22/2005 MOTION-BRIEF AMENDMENT AE State Of Florida STATE BY: AE Scott A. Browne 802743  
01/19/2006 ORDER-BRIEF AMENDMENT GR   Appellee's motion to file amended answer brief is granted and said amended brief was filed with this Court on December 22, 2005. Appellee's answer brief filed with this Court on July 20, 2005, is hereby stricken.
02/06/2006 ORAL ARGUMENT HELD    
04/13/2006 DISP-AFFIRMED   For the reasons explained above, we affirm the denial of Lott's postconviction motion under rule 3.850. We also affirm the denial of his motion for DNA testing under rule 3.853.
04/28/2006 MOTION-REHEARING AA Ken Eldon Lott D026985 BY: AA Frank Bankowitz 171977 O&7 (RC)
06/02/2006 DISP-REHEARING DY   RC
06/19/2006 MANDATE   CC: PARTIES
06/19/2006 EXHIBITS RETURNED   1 LARGE ENVELOPE (ORIGINALS)
09/01/2006 ARCHIVES   M/R BOX 2063