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Date Docketed
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Description
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Filed By
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Notes
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09/20/2004
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NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
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09/27/2004
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No Fee Required |
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3.850 BELOW |
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09/28/2004
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ORDER-RECORD FILING (HEARINGS/TRIAL) |
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TR: 11/29/2004; ROA: 12/20/2004; EXH: 07/20/2005 (IF ANY) |
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11/03/2004
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MOTION-OTHER SUBSTANTIVE |
AA Merrit Alonso Sims A436015 BY: AA Benjamin S. Waxman 403237 |
TO RELY ON RECORD ON APPEAL IN APPELLANT'S DIRECT APPEAL TO THIS COURT.(O&7) |
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11/15/2004
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) |
AA Merrit Alonso Sims A436015 BY: AA Benjamin S. Waxman 403237 |
SCOTT D. DANZIS |
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11/15/2004
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) |
AA Merrit Alonso Sims A436015 BY: AA Benjamin S. Waxman 403237 |
P. BENJAMIN DUKE |
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11/16/2004
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) |
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The motion to appear pro hac vice filed in the above cause by Benjamin Waxman, on behalf of Scott D. Danzis, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED. |
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11/16/2004
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) |
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The motion to appear pro hac vice filed in the above cause by Benjamin Waxman, on behalf of P. Benjamin Duke, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED. |
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11/29/2004
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FEE PAID-PRO HAC VICE |
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$100.00 EACH FOR SCOTT D. DANZIS & P. BENJAMIN DUKE |
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12/01/2004
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Pro Hac Vice |
2004 - 1001048 Amount: $100 |
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12/01/2004
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Pro Hac Vice |
2004 - 1001050 Amount: $100 |
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12/27/2004
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MOTION-EXT OF TIME (RECORD ON APPEAL) |
AA Merrit Alonso Sims A436015 BY: AA Benjamin S. Waxman 403237 |
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12/30/2004
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RECORD/TRANSCRIPT |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
VOLUMES 1 - 8 W/DISK |
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12/30/2004
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ORDER-DEP BRIEF SCHED (120) |
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120-90-60 (L: 100-100-35) |
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01/04/2005
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ORDER-EXT OF TIME GR (RECORD ON APPEAL) |
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Appellant's motion for extension of time filed in the above is granted and the record on appeal was filed with this Court on December 30, 2004. |
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01/07/2005
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ORDER-OTHER SUBSTANTIVE |
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Appellant's Motion to Rely on Record in Appellant's Direct Appeal to this Court is granted and the appellant is allowed to rely on the record in Sims v. State, No. SC83612.
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04/14/2005
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) |
AA Merrit Alonso Sims A436015 BY: AA Benjamin S. Waxman 403237 |
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04/22/2005
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) |
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Appellant's motion to file amended initial brief is granted and said amended brief was filed with this Court on September 10, 2005.
Appellant's initial brief filed with this Court on July 5, 2005, is hereby stricken. |
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07/05/2005
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INITIAL BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&6 & E-MAIL (REQUSTED 1 COPY); FILED 07/11/2005 (SEE 10/03/2005 ORDER - BRIEF STRICKEN) |
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08/01/2005
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EXHIBITS |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
VOLUME 1 OF 1 (COPIES) & 1 LARGE YELLOW ENVELOPE & 3 POSTER SIZE LARGE PACKAGES |
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08/29/2005
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MOTION-RECORD SUPPLEMENTATION |
AA Merrit Alonso Sims A436015 BY: WD Scott D. Danzis |
FILED AS "MOTION FOR SERVICE OF EXHIBITS" |
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09/01/2005
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MOTION-BRIEF AMENDMENT |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
TO FILE AMENDED INTIAL BRIEF |
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09/01/2005
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INITIAL AMD BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&7 & E-MAIL |
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09/06/2005
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NOTICE-ADDRESS CHANGE |
AE State Of Florida STATE BY: AE Margarita Ines Cimadevilla 616990 |
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10/03/2005
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ORDER-BRIEF AMENDMENT GR |
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Appellant's motion to file amended initial brief is granted and said amended brief was filed with this Court on September 10, 2005.
Appellant's initial brief filed with this Court on July 5, 2005, is hereby stricken. |
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10/05/2005
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ANSWER BRIEF-MERITS |
AE State Of Florida STATE BY: AE Margarita Ines Cimadevilla 616990 |
O&7 & E-MAIL |
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10/18/2005
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) |
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Appellant's Motion for Service of Exhibits is granted. The trial court clerk is directed, on or before November 17, 2005, 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 August 1, 2005, are returned herewith to the Clerk of the Circuit Court of the Eleventh Judicial Circuit in and for Dade 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. |
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10/18/2005
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EXHIBITS RETURNED |
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(1 VOLUME & 1 LARGE YELLOW ENVELOPE) TO CIRCUIT COURT ( 3 LARGE POSTER BOARDS WERE NOT RETN'D) |
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12/06/2005
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EXHIBITS |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
(OF ALL COPYABLE EXHIBITS) VOLUMES 1 - 3 |
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12/06/2005
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EXHIBITS |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
ORIGINALS |
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12/08/2005
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REPLY BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&7 & E-MAIL (CONCLUSION/CERT.OF SERVICE/CERT.OF COMPLIANCE NO LISTED IN TABLE OF CONTENTS) |
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12/08/2005
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REQUEST-ORAL ARGUMENT |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
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12/09/2005
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE) |
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Appellant's reply brief, which was filed with this Court on December 8, 2005, does not comply with Florida Rule of Appellate Procedure 9.210(b)(1)(6) and is hereby stricken. Appellant is hereby directed, on or before December 29, 2005, to serve an original and seven (7) copies of an amended reply brief to include the Conclusion listed in the Table of Contents. Please also include the Certificate of Service and the Certificate of Compliance in the Table of Contents.
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. |
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12/21/2005
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REPLY AMD BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&7 & E-MAIL |
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01/04/2006
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ORAL ARGUMENT CALENDAR |
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03/09/2006
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ORAL ARGUMENT HELD |
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04/03/2006
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ORDER-RELINQUISHMENT GR (CIRC CT) |
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The trial court's August 2, 2004, order is reversed to the extent it summarily denied Sims' claim that counsel was ineffective for failing to properly challenge the admission of the canine-alert evidence during the guilt phase of Sims' trial. We temporarily relinquish jurisdiction of this case to the trial court to expeditiously conduct an evidentiary hearing on this claim and, thereafter, enter an appropriate order detailing its findings of fact and law. Pending disposition of this issue on remand, the Court renders no opinion on the remaining issues.
Specifically, the trial court shall determine whether defense counsel's performance was deficient for not challenging the canine-alert testimony presented by Officer Silva and/or for not moving to strike that testimony once defense counsel learned that the State was going to present the testimony of Sims' parole officer to show that, if Sims was in possession of drugs, he would be found in violation of his conditional release. This testimony was clearly prejudicial. It was essential to the State's argument that Sims' motive for shooting Officer Stafford was to avoid being found in violation of the terms of his conditional release and returned to prison.
The evidentiary hearing shall be held, and the trial court's order shall be filed within ninety (90) days of the entry of this order. Upon entry of the trial court's order, the court reporters are allowed thirty (30) days in which to file any transcripts with the trial court clerk. The trial court clerk shall have ten (10) days after receipt of any transcripts in which to file the supplemental record on appeal with this Court.
After the supplemental record on appeal has been filed with this Court, the appellant shall have thirty (30) days from the date the supplemental record is filed within which to file a supplemental brief addressing the trial court's order; appellee shall have fifteen (15) days thereafter within which to file its supplemental answer brief; and the appellant shall have five (5) days after the appellee's supplemental answer brief is filed within which to file a reply. The appellant's initial supplemental brief and the appellee's initial answer brief shall not exceed twenty-five (25) pages. The reply brief shall not exceed ten (10) pages. Motions to file enlarged briefs will not be entertained by this Court.
Counsel for the parties are hereby directed to file status reports with this Court every thirty (30) days as to the progress of the proceedings below. |
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04/03/2006
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RELINQUISHMENT STARTED |
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TO HOLD EVIDENTIARY HEARING, AND THE TRIAL COURT'S ORDER SHALL BE FILED WITHIN 90 DAYS / TR: 30 DAYS FROM TRIAL COURT'S ORDER AND 10 DAYS TO FILE SUPPL ROA |
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04/03/2006
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ORDER-DEP BRIEF SCHED (SUPPLEMENTAL) |
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AFTER SUPPL ROA FILED: 30-15-5 (L: 25-25-10) |
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05/04/2006
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Margarita Cimadevilla 616990 RE: RELINQ PROCEEDINGS |
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05/05/2006
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STATUS REPORT |
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AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke RE: RELINQ PROCEEDINGS |
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06/05/2006
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Margarita Cimadevilla 616990 RE: RELINQ PROCEEDINGS (O&7) |
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06/06/2006
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STATUS REPORT |
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AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke RE: RELINQ PROCEEDINGS |
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06/29/2006
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MOTION-EXT OF TIME (MISC) |
Hon. Lawrence Allen Schwartz, Judge 265063 BY: Hon. Lawrence Allen Schwartz, Judge 265063 |
TO COMPLETE EVIDENTIARY HEARING |
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07/07/2006
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STATUS REPORT |
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AE State Of Florida STATE BY: AE Margarita Cimadevilla 616990 RE: RELINQ PROCEEDINGS |
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07/10/2006
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STATUS REPORT |
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AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke RE: RELINQ PROCEEDINGS |
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07/11/2006
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ORDER-EXT OF TIME GR (RELINQ PERIOD) |
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The motion for extension of time filed by Judge Lawrence A. Schwartz is granted and the time to complete the relinquishment proceedings per this Court's Order dated April 3, 2006, is hereby extended to and including August 15, 2006. Counsel for the parties are hereby directed to file status reports with this Court every thirty (30) days as to the progress of the proceedings below per this Court's Order dated April 3, 2006. |
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08/07/2006
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ORDER-CIRCUIT COURT |
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RE: FSC REMAND (DATED 08/08/2006) |
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08/08/2006
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RELINQUISHMENT ENDED |
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10/18/2006
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MOTION-EXT OF TIME (RECORD ON APPEAL-SUPP) |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
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10/23/2006
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SUPP RECORD/TRANSCRIPT |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
AFTER RELINQUISHMENT PROCEEDINGS: VOLUMES 1 - 4 OF RECORD AND INDIVIDUAL TRANSCRIPT VOLUMES OF HRG DATES 07/24/2006, 07/25/2006, 07/26/2006, AND 07/27/2006 |
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11/03/2006
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ORDER-EXT OF TIME GR (RECORD ON APPEAL-SUPP) |
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11/21/2006
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NOTICE-WITHDRAWAL |
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OF SCOTT D. DANZIS (NO LONGER WITH LAW FIRM OF COVINGTON & BURLING LLP) |
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11/27/2006
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SUPP INITIAL BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&7 & E-MAIL |
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11/27/2006
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE) |
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Appellant's supplemental brief, which was filed with this Court on November 27, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Appellant is hereby directed, on or before December 18, 2006, to serve an original and seven copies of an amended supplemental brief which contains a statement of the case and of the facts, a summary of argument and an argument. |
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11/30/2006
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SUPP INITIAL AMD BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&7 & E-MAIL |
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12/21/2006
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SUPP ANSWER BRIEF-MERITS |
AE State Of Florida STATE BY: AE Margarita Ines Cimadevilla 616990 |
O&7 & E-MAIL |
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01/02/2007
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REQUEST-ORAL ARGUMENT |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
(E-MAIL) |
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01/03/2007
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SUPP REPLY BRIEF-MERITS |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
O&7 & E-MAIL |
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01/08/2007
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MOTION-RECORD SUPPLEMENTATION |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
FILED AS "STIPULATION TO CORRECT RECORD" |
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01/22/2007
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ORAL ARGUMENT CALENDAR |
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01/22/2007
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ORDER-OA SCHED |
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The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, May 10, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. |
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02/05/2007
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) |
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Upon consideration of the Stipulation to Correct the Record, it is ordered that the trial court clerk is directed, on or before February 26, 2007, to supplement the record with the four exhibits marked for introduction as Defendant's Exhibits A9, A10, A11, and A12 listed in said motion (copy attached).
Counsel for appellant is directed to take whatever steps are necessary to ensure that the supplemental record is filed within the time period designated.
* THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD - VOLUME 5, ETC." AND PAGE NUMBERING SHOULD START WITH
PAGE 710 AND RUN CONSECUTIVELY. |
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02/19/2007
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SUPP RECORD/TRANSCRIPT |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
VOLUME 5 OF 5 OF EXHIBIT COPIES (& 1 LARGE ENVELOPE OF ORIGINAL EXHIBITS) |
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05/10/2007
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ORAL ARGUMENT HELD |
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06/27/2007
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NOTICE-ADDRESS CHANGE |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
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07/12/2007
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DISP-REMAND FOR TRIAL |
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Having met his burden of establishing his trial counsel was ineffective for failing to properly challenge the canine-alert testimony of Detective Silva, Sims is entitled to the relief requested. We vacate Sims' convictions and sentence and remand for a new trial. |
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07/26/2007
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MOTION-REHEARING |
AE State Of Florida STATE BY: AE Sandra S. Jaggard 12068 |
(O&7) RC |
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08/13/2007
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RESPONSE |
AA Merrit Alonso Sims A436015 BY: AA P. Benjamin Duke |
FILED AS "APPELLANT'S RESPONSE TO STATE'S MOTION FOR REHEARING" (O&7 & E-MAIL) |
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10/11/2007
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DISP-REHEARING DY |
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(RC) |
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10/29/2007
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MANDATE |
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CC: COUNSEL, CIRCUIT JUDGE |
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10/30/2007
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EXHIBITS RETURNED |
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1 ENVELOPE |
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11/30/2007
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ARCHIVES |
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M/R Box 3074, 3075 |
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04/27/2009
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EXHIBITS RETURNED |
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1 ENVELOPE (FILED 12/06/2005) |
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05/18/2009
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EXHIBITS RETURNED |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
3 LARGE POSTER BOARD SIZE PACKAGES |
