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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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10/26/2004
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NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) |
AA David Cook 100018 BY: AA Rachel Day 68535 |
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10/27/2004
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No Fee Required |
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3.850 BELOW |
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11/04/2004
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ORDER-RECORD FILING (HEARINGS/TRIAL) |
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TR: 01/04/2005; ROA: 02/24/2005; EXH: 08/24/2005 (IF ANY) |
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01/27/2005
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LETTER |
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DATED 01/21/2004 RE: TRANSCRIPTS/RECORD |
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02/02/2005
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MOTION-EXT OF TIME (RECORD ON APPEAL) |
AA David Cook 100018 BY: AA Paul Edward Kalil 174114 |
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02/25/2005
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ORDER-EXT OF TIME GR (RECORD ON APPEAL) |
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Appellant's motion for extension of time filed with this Court on February 2, 2005, is granted and the time to file the record on appeal with this Court is extended to and including March 4, 2005. |
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03/28/2005
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RECORD/TRANSCRIPT |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
ROA (16 VOLUMES) & TRANSCRIPT (13 VOLUMES) - 1 BOX |
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03/29/2005
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ORDER-DEP BRIEF SCHED (120) |
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120-90-60 (L: 100-100-35) |
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04/07/2005
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MOTION-RECORD SUPPLEMENTATION |
AA David Cook 100018 BY: AA Rachel Day 68535 |
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04/07/2005
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NOTICE-APPEARANCE |
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BY RACHEL L. DAY, ASSIST CCRC-SOUTH AS COUNSEL FOR APPELLANT |
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05/04/2005
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) |
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Appellant's Motion to Supplement the Record is granted. The trial court clerk is directed, on or before May 24, 2005, to supplement the record with the items listed in paragraph (three) 3 1.-5. of said motion (copy attached). |
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05/24/2005
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SUPP RECORD/TRANSCRIPT |
Hon. Harvey Ruvin, Clerk DADE-CR BY: Hon. Harvey Ruvin, Clerk DADE-CR |
VOLUMES 1 & 2 |
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07/26/2005
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INITIAL BRIEF-MERITS |
AA David Cook 100018 BY: AA Rachel Day 68535 |
O&7 & E-MAIL |
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08/30/2005
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EXHIBITS |
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1 B0X |
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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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10/26/2005
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) |
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Due to the destruction caused by Hurricane Wilma, appellee's request for extension of time to file the answer brief on the merits and response to petition for writ of habeas corpus, made via telephone on October 26, 2005, is granted and appellee is allowed to and including November 28, 2005, in which to serve the answer brief on the merits and response to petition for writ of habeas corpus. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLEE FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS AND RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS. All other times will be extended accordingly. |
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10/26/2005
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) |
AE State Of Florida STATE BY: AE Margarita Ines Cimadevilla 616990 |
VERBAL REQUEST DUE TO HURRICANE WILMA |
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11/18/2005
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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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01/20/2006
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REPLY BRIEF-MERITS |
AA David Cook 100018 BY: AA Paul Edward Kalil 174114 |
O&7 & E-MAIL |
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03/03/2006
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ORDER-OA SCHED |
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The above cases are hereby scheduled for oral argument at 9:00 a.m., Tuesday, May 2, 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. |
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03/03/2006
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ORAL ARGUMENT CALENDAR |
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05/02/2006
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ORAL ARGUMENT HELD |
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02/14/2007
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DISP-REMANDED FOR RESENTENCING |
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David Cook, a prisoner under sentence of death, has appealed the trial court's denial of postconviction relief. Cook was convicted of two counts of first-degree murder and was sentenced to death for one of the murders. See Cook v. State, 542 So. 2d 964, 966 (Fla. 1989). On direct appeal this Court affirmed the convictions but struck the heinous, atrocious, or cruel and avoid arrest aggravators, reversed the death sentence, and remanded for resentencing before the trial judge. Id. at 970, 971. On remand, the trial court re-imposed the death sentence. On direct appeal from resentencing, this Court affirmed the sentence of death. See Cook v. State, 581 So. 2d 141 (Fla. 1991). The denial of Cook's initial motion for postconviction relief was affirmed, except for a claim asserting ineffective assistance of counsel at the penalty phase. See Cook v. State, 792 So. 2d 1197 (Fla. 2001). The Court reversed and remanded for an evidentiary hearing on that issue. Id. The evidentiary hearing was held in September and December of 2003. On September 22, 2004, the trial court denied postconviction relief, finding counsel's performance was not deficient and finding no prejudice. Cook appealed that denial. After an independent review of the record, the Court finds that both prongs of the standard outlined in Strickland v. Washington, 466 U.S. 668 (1984), were met in this case. Counsel's performance during the penalty phase was deficient and fell "outside the broad range of reasonably competent performance under prevailing professional standards." Maxwell v. Wainwright, 490 So. 2d 927, 932 (Fla. 1986) (citing Strickland). Further, there was prejudice to Cook as a result of the deficient performance. Based on the totality of the circumstances surrounding the penalty phase representation, the Court's confidence in the outcome of Cook's penalty phase is undermined. Therefore, upon consideration, the Court hereby reverses the denial of postconviction relief and remands this cause to the trial court for a new penalty phase before a new judge and jury. |
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04/16/2007
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ARCHIVES |
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M/R Boxes 3026, 3027 |
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11/02/2007
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EXHIBITS RETURNED |
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1 BOX |
