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Case Number:  SC04-2016  - Closed

JAMES GUZMAN  vs.  STATE OF FLORIDA

Lower Tribunal Case(s): 91-06795 CFAES


 Date Docketed
Description
Filed By
Notes
10/18/2004 NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) AA James Guzman B395352 BY: AA Eric Pinkard 651443  
10/19/2004 No Fee Required   3.850 BELOW
10/21/2004 ORDER-RECORD FILING (HEARINGS/TRIAL)   TR: 12/27/2004; ROA: 01/18/2005; EXH: 08/18/2005 (IF ANY)
12/22/2004 MOTION-OTHER SUBSTANTIVE AA James Guzman B395352 BY: AA Eric Pinkard 651443 TO ORDER TRANSMITTAL OF EXHIBITS FROM PRIOR APPEALS; SEE ORDER DATED 10/21/2005, DENIED WITHOUT PREJUDICE.
12/23/2004 MOTION-OTHER SUBSTANTIVE AA James Guzman B395352 BY: AA Eric Pinkard 651443 TO RELY ON PRIOR APPELLATE RECORDS (O&1); SEE 10/21/2005, ORDER GRANT/DENY IN PART.
01/18/2005 RECORD/TRANSCRIPT Hon. Diane M. Matousek, Clerk VOLUSIA BY: Hon. Diane M. Matousek, Clerk VOLUSIA 1 VOLUME W/DISK
01/20/2005 ORDER-DEP BRIEF SCHED (120)   120-90-60 (L: 100-100-35)
05/20/2005 INITIAL BRIEF-MERITS AA James Guzman B395352 BY: AA Eric Pinkard 651443 O&7 W/DISK & E-MAIL
05/20/2005 APPENDIX AA James Guzman B395352 BY: AA Eric Pinkard 651443 O&7
08/15/2005 ANSWER BRIEF-MERITS AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 O&7 & E-MAIL
10/04/2005 REPLY BRIEF-MERITS AA James Guzman B395352 BY: AA Eric Pinkard 651443 O&7 & E-MAIL
10/21/2005 ORDER-OTHER SUBSTANTIVE GR   Appellant's "Motion to Rely on Prior Appellate Records" is granted as to Case Numbers SC89640 and SC02-860 and denied as to Case Numbers SC80750 and SC02-2131. Appellant's "Motion to Order Transmittal of Exhibits from Prior Appeals" is denied, but without prejudice to appellant supplementing the record in regards to any exhibits from prior appeals that were properly before the circuit court in the proceedings below or are otherwise specifically necessary for this Court to resolve the issues before it and subject to appellant designating the present location of those records.
12/06/2005 ORAL ARGUMENT CALENDAR    
12/06/2005 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.
02/09/2006 ORAL ARGUMENT HELD    
06/29/2006 DISP-AFFIRMED   The circuit judge faithfully answered the two questions posed in our remand to him. Ensuring that the State bore the appropriate burden of proof, he determined that Guzman failed to meet the materiality prong of Giglio and denied relief. Having reviewed the question de novo, we affirm that decision.
07/10/2006 WEST CORRESPONDENCE   OPINION CORRECTED: Page 24: The name of the circuit court judge who presided below has been corrected to read "William C. Johnson, Jr., Senior Judge
07/20/2006 MANDATE   CC: PARTIES
07/24/2006 MOTION-REHEARING AA James Guzman B395352 BY: AA Eric Pinkard 651443 O&7(rc)
07/27/2006 MOTION-STRIKE AE State Of Florida STATE BY: AE Kenneth S. Nunnelley 998818 APPELLANT'S MOTION FOR REHEARING (O&7); 10/27/2006: DENIED AS MOOT.
07/28/2006 RESPONSE AA James Guzman B395352 BY: AA David Robert Gemmer 370541 TO APPELLEE'S MOTION TO STRIKE APPELLANT'S MOTION FOR REHEARING AND MOTION TO ACCEPT AS TIMELY FILED AND WITHDRAW MANDATE (O&7)
07/28/2006 MOTION-ACCEPTANCE AS TIMELY FILED (MISC)   MOTION FOR REHEARING AND WITHDRAW MANDATE; 10/27/2006: DENIED
10/27/2006 DISP-REHEARING/REINST STRICKEN (UNTIMELY)   Appellant's Motion for Rehearing is hereby stricken as untimely. Upon consideration of Appellant's Response to Appellee's Motion to Strike Appellant's Motion for Rehearing and Appellant's Motion to Accept as Timely Filed and Withdraw Mandate, the Motion to Accept As Timely Filed and Withdraw Mandate is hereby denied. Appellee's Motion to Strike Appellant's Motion for Rehearing is hereby denied as moot.(RC)
01/12/2007 ARCHIVES   M/R- BOX 2083