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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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01/10/2006
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NOTICE-APPEAL (3.850-EVIDENTIARY HEARING) |
AA Arthur Dennis Rutherford 105314 BY: AA Linda Mcdermott 102857 |
(faxed) |
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01/10/2006
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No Fee Required |
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01/10/2006
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ORDER-DEP WARRANT SCHEDULE |
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Because the Governor has signed a death warrant for the execution of Arthur D. Rutherford at 6:00 p.m., January 31, 2006, we direct that all further proceedings in this case be expedited.
We hereby set the following briefing schedule for any proceeding that may come before this Court: Initial brief on the merits shall be filed by 10:00 a.m., January 10, 2006; answer brief on the merits shall be filed by 10:00 a.m., January 13, 2006; and reply brief on the merits shall be filed by 10:00 a.m., January 17, 2006.
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. (Issued 12/06/2005) to view order see SC69825). |
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01/10/2006
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INITIAL BRIEF-MERITS |
AA Arthur Dennis Rutherford 105314 BY: AA Linda Mcdermott 102857 |
FILED BY 10:00 A.M. (O&7 & E-MAIL) |
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01/12/2006
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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, January 26, 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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01/12/2006
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ORAL ARGUMENT CALENDAR |
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01/13/2006
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ANSWER BRIEF-MERITS |
AE State Of Florida STATE BY: AE Charmaine M. Millsaps 989134 |
FILED BY 10:00 A.M. (O&7 & E-MAIL) |
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01/13/2006
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RECORD/TRANSCRIPT |
Hon. Mary Johnson, Clerk SANTA R BY: Hon. Mary Johnson, Clerk SANTA R |
VOLUMES 1 - 12 & E-MAIL |
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01/17/2006
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REPLY BRIEF-MERITS |
AA Arthur Dennis Rutherford 105314 BY: AA Linda Mcdermott 102857 |
FILED BY 10:00 A.M. (O&7 & E-MAIL) |
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01/18/2006
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NOTICE-SUPPLEMENTAL AUTHORITY |
AE State Of Florida STATE BY: AE Charmaine M. Millsaps 989134 |
O&7 & E-MAIL |
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01/18/2006
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LETTER |
AA Arthur Dennis Rutherford 105314 BY: AA Linda Mcdermott 102857 |
DATED 01/17/2005 W/COPIES OF ALL PLEADINGS FILED IN THE CIRCUIT COURT INCLUDING THOSE WITH ATTACHMENTS |
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01/19/2006
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NOTICE-SUPPLEMENTAL AUTHORITY |
AE State Of Florida STATE BY: AE Charmaine M. Millsaps 989134 |
E-MAILED; 01/20/2006: ORIGINAL FILED |
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01/20/2006
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MOTION-OTHER SUBSTANTIVE |
AA Arthur Dennis Rutherford 105314 BY: AA Linda Mcdermott 102857 |
(EMERGENCY) FOR SEROLOGICAL SAMPLES AND FOR INDEPENDENT TESTING; 01/23/2006: E-MAILED |
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01/20/2006
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RESPONSE |
AE State Of Florida STATE BY: AE Charmaine M. Millsaps 989134 |
TO EMERGENCY MOTION (E-MAIL); 01/23/2006: ORIGINAL MOTION (O&7) FILED |
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01/23/2006
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ORDER-OTHER SUBSTANTIVE DY |
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Appellant's Emergency Motion for Serological Samples and for Independent Testing is hereby denied. |
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01/26/2006
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ORAL ARGUMENT HELD |
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01/27/2006
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DISP-AFFIRMED |
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For the reasons explained above, we affirm the circuit court's denial of Rutherford's postconviction motion to vacate judgments of convictions and sentences, and we deny Rutherford's request for a new trial. No motion for rehearing will be entertained. |
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01/27/2006
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MANDATE |
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01/30/2006
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WEST CORRESPONDENCE |
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CORRECTED OPINION: Page 20, line 5 - words constituting the fifth line on the page, which were inadvertently omitted, have been added, reading as follows: "R. Crim. P. 3.851(f)(5)(B). Based on the overwhelming evidence of guilt." |
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01/30/2006
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USSC CERTIORARI |
05-8887 |
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01/31/2006
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USSC DISP-CERTIORARI DY |
05-8887 |
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07/07/2006
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ARCHIVES |
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M/R - 2015 |
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10/05/2006
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ORDER-DEP WARRANT SCHEDULE |
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The Governor has rescheduled the execution of Arthur D. Rutherford. The execution is scheduled to take place at 6:00 p.m., October 18, 2006. We direct that all further proceedings, if any, in this case be expedited.
Matters pending in the trial court shall be completed and orders entered by 11:00 a.m., EDST on October 6, 2006. A Notice of Appeal, if any, shall be filed by 5:00 p.m., October 6, 2006.
The parties shall file simultaneous briefs, if any, by 2:00 p.m., October 9, 2006. The record on appeal shall be filed by 2:00 p.m., October 9, 2006.
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 transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order.
(SEE SC69825 TO VIEW ORDER) |
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10/18/2006
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EXECUTED |
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BY LETHAL INJECTION |
