| 11/15/2001 |
NOTICE-APPEAL
(3.850-EVIDENTIARY HEARING) |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
|
| 11/20/2001 |
No Fee Required |
|
|
3.850
PROCEEDING |
| 12/17/2001 |
ORDER-RECORD FILING
(HEARINGS/TRIAL) |
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TR: 01/24/2002; ROA:
02/13/2002; EXH (IF ANY): 09/13/2002 |
| 12/20/2001 |
NOTICE |
|
Hon. Howard Forman, Clerk
BROWARD BY: Hon. Howard Forman, Clerk BROWARD |
OF NON-RECEIPT OF
TRANSCRIPT BY THE CLERK OF THE LOWER TRIBUNAL WITHIN THE
TIME LIMIT AND NON-TRANSMITTAL OF RECORD |
| 01/22/2002 |
MOTION-RELINQUISH |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
JURISDICTION TO PERMIT
CONSIDERATION OF THE PREVIOUSLY FILED MOTION TO VACATE
AND UNOPPOSED REQUEST FOR DNA TESTING |
| 02/07/2002 |
RESPONSE |
|
AE State Of Florida BY: AE
Celia A. Terenzio 0656879 |
OBJECTION TO APPELLANT'S
MOT/RELINQUISH JURISDICTION TO PERMIT CONSIDERATION OF
THE PREVIOUSLY FILED MOT/VACATE AND UNOPPOSED REQ/DNA
TESTING |
| 02/18/2002 |
RECORD/TRANSCRIPT |
|
Hon. Howard Forman, Clerk
BROWARD BY: Hon. Howard Forman, Clerk BROWARD |
ROA (VOLS I-III); TRANS
(VOLS I-VIII W/DISKS) (TRANS NOT PROPERLY
PAGINATED) |
| 02/18/2002 |
EXHIBITS |
|
Hon. Howard Forman, Clerk
BROWARD BY: Hon. Howard Forman, Clerk BROWARD |
1 BOX |
| 02/20/2002 |
RECORD/TRANSCRIPT
RETURNED |
|
|
TRANS VOLS I-VIII FOR
PROPER PAGINATION |
| 03/07/2002 |
RECORD/TRANSCRIPT |
|
Hon. Howard Forman, Clerk
BROWARD BY: Hon. Howard Forman, Clerk BROWARD |
CORRECTED TRANS VOLS I-VIII
AFTER PROPER PAGINATION |
| 03/12/2002 |
ORDER-RELINQUISHMENT
DY |
|
|
& PURSUANT TO FLORIDA
RULE OF APPELLATE PROCEDURE 9.600(B), WE AUTHORIZE THE
LOWER TRIBUNAL, THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA, TO CONDUCT PROCEEDINGS
DURING THE PENDENCY OF THE APPEAL. SUCH AUTHORIZATION IS
LIMITED TO THE TRIAL COURT'S CONSIDERATION OF ANY CLAIM
WHICH MAY BE FILED UNDER AUTHORITY OF SECTION 925.11,
FLORIDA STATUTES (2001), OR FLORIDA RULE OF CRIMINAL
PROCEDURE 3.853. THIS ORDER DOES NOT AUTHORIZE AN
EXTENSION OF ANY TIME LIMIT WHICH MAY BE CONTAINED
WITHIN EITHER THE STATUTE OR THE RULE. |
| 03/12/2002 |
ORDER-DEP BRIEF SCHED
(120) |
|
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120-90-60 (L:
100-100-35) |
| 03/25/2002 |
LETTER |
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FROM AAG LESLIE CAMPBELL TO
CIRC CLK RE: NON-RECEIPT OF TRANSCRIPT DISKS
|
| 03/27/2002 |
MOTION-RECORD
SUPPLEMENTATION |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
|
| 03/27/2002 |
MOTION-TOLL TIME |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
FOR FILING INITIAL
BRIEF-MERITS |
| 03/27/2002 |
MOTION-REHEARING ON MISC
ORDER |
|
|
OF MOTION TO RELINQUISH
JURISDICTION TO PERMIT CONSIDERATION OF THE PREVIOUSLY
FILED MOTION TO VACATE AND UNOPPOSED REQUEST FOR DNA
TESTING (OF 03/12/2002 FSC ORDER) |
| 04/24/2002 |
ORDER-RESPONSE/REPLY
REQUESTED |
|
|
TO MOT/RECONSIDERATION OF
MOT/RELINQUISH, ETC. - STATE'S RESPONSE DUE
05/14/2002 |
| 04/24/2002 |
ORDER-TOLLING GR |
08/12/2002 |
|
& INITIAL BRIEF DUE
08/12/2002 |
| 04/24/2002 |
ORDER-RECORD
SUPPLEMENTATION GR (CIRC CT) |
|
|
W/I 30 DAYS |
| 05/16/2002 |
RESPONSE |
|
AE State Of Florida BY: AE
Celia A. Terenzio 0656879 |
TO MOT/RECONSIDERATION OF
MOT/RELINQUISH, ETC. (O&7) |
| 06/03/2002 |
NOTICE |
|
Hon. Howard Forman, Clerk
BROWARD BY: Hon. Howard Forman, Clerk BROWARD |
OF NON-RECEIPT OF SUPP
TRANSCRIPT OF THE LOWER TRIBUNAL WITHIN THE TIME LIMIT
AND NON-TRANSMITTAL OF ROA |
| 06/18/2002 |
SUPP
RECORD/TRANSCRIPT |
|
Hon. Howard Forman, Clerk
BROWARD BY: Hon. Howard Forman, Clerk BROWARD |
1 VOLUME |
| 07/11/2002 |
ORDER-OTHER SUBSTANTIVE
DY |
|
|
Appellant Rivera's "Motion
for Reconsideration of Motion to Relinquish Jurisdiction
to Permit Consideration of the Previously Filed Motion
to Vacate and Unopposed Request for DNA Testing" is
hereby denied; The order under review in the instant
case is the trial court's order dated September 26,
2001, denying, after an evidentiary hearing required by
mandate of this Court, see Rivera v. State, 717 So. 2d
477, 487 (Fla. 1998), the remainder of Appellant's
second "Defendant's Amended Motion to Vacate Judgments
of Conviction and Sentence with Special Request for
Leave to Amend" filed on or about January 3, 1995; This
Court notes that during the pendency of the proceedings
required by our remand, Appellant filed a successive
motion for postconviction relief on September 29, 1999,
entitled "Motion to Vacate Judgments of Conviction and
Sentence with Special Request for Leave to Amend" ("the
1999 motion"). Subsequently, Appellant filed an amended
successive motion for postconviction relief on September
28 2001, entitled "Amended Motion to Vacate Judgments of
Conviction and Sentence with Special Request for Leave
to Amend" ("the 2001 motion"). The 2001 motion
superceded the 1999 motion. The trial court's September
26, 2001, order did not address either the 1999 motion
or the 2001 motion. The 2001 motion remains pending
before the trial court and is in need of resolution;
Accordingly, the trial court shall without delay
consider Appellant's 2001, motion and conduct all
necessary proceedings incident thereto. The trial court
shall conduct a status conference on the 2001 motion
within sixty days of the date of this order. The trial
court shall utilize the version of the criminal rules in
effect prior to October 1, 2001. See Amendments to
Florida Rules of Criminal Procedure 3.851, 3.852, and
3.993, 802 So.2d 298, 301 (Fla. 2001) ("Motions pending
on [October 1, 2001] are governed by the versions of
rule 3.851 and 3.852 in effect immediately prior to that
date."); The authorization in our March 12, 2002, order
granting jurisdiction to the trial court to conduct DNA
testing pursuant to section 925.11, Florida Statutes
(2001), or Florida Rule of Criminal Procedure 3.853, is
reaffirmed. |
| 08/12/2002 |
INITIAL
BRIEF-MERITS |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
O&7 W/DISK |
| 11/18/2002 |
ANSWER
BRIEF-MERITS |
|
AE State Of Florida BY: AE
Celia A. Terenzio 0656879 |
O&7 W/DISK |
| 11/20/2002 |
ORAL ARGUMENT
CALENDAR |
04/02/2003 |
|
|
| 12/03/2002 |
ORDER-ORAL ARGUMENT
RESCHEDULE |
|
|
CASE WAS SCHEDULED FOR
ARGUMENT APRIL 2, 2003, AND IS RESCHEDULED FOR ORAL
ARGUMENT WEDNESDAY, APRIL 9, 2003 |
| 12/17/2002 |
ORDER-ORAL ARGUMENT
RESCHEDULE |
|
|
CASE WAS SCHEDULED FOR
ARGUMENT WEDNESDAY, APRIL 9, 2003, HAS AGAIN BEEN
RESCHEDULED FOR ORAL ARGUMENT WEDNESDAY, APRIL 2,
2003 |
| 01/16/2003 |
REPLY
BRIEF-MERITS |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
O&7 W/DISK |
| 01/16/2003 |
REPLY
BRIEF-MERITS |
|
AA Michael T. Rivera
A640779 BY: AA Suzanne Myers 0150177 |
O&7 W/DISK (SERVED
01/15/2003) |
| 01/16/2003 |
MOTION-WITHDRAW
(MISC) |
|
AA Michael T. Rivera
A640779 BY: AA Suzanne Myers 0150177 |
AND/OR STRIKE APPELLANT'S
REPLY BRIEF SERVED ON JANUARY 15, 2003 (SIGNED BY
SUZANNE MEYERS, CCRC-SOUTH) (O&7) |
| 01/23/2003 |
ORDER-WITHDRAW GR
(MISC) |
|
|
& APPELLANT'S REPLY
BRIEF-MERITS SERVICE ON 01/15/2003 IS HEREBY
WITHDRAWN |
| 03/20/2003 |
MOTION-ORAL ARGUMENT
RESCHEDULE |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
FILED AS "MOT/HOLD ORAL
ARGUMENT IN ABEYANCE" |
| 03/26/2003 |
RESPONSE |
|
AE State Of Florida BY: AE
Celia A. Terenzio 0656879 |
TO APPELLANT'S MOTION TO
HOLD ORAL ARGUMENT IN ABEYANCE |
| 03/27/2003 |
ORDER-ORAL ARGUMENT
RESCHEDULE DY |
|
|
|
| 04/02/2003 |
ORAL ARGUMENT |
|
|
|
| 07/09/2003 |
MOTION-BRIEF
SUPPLEMENTATION |
|
AA Michael T. Rivera
A640779 BY: AA Martin J. Mcclain 0754773 |
& ORAL ARGUMENT IN
LIGHT OF WIGGINS V. SMITH (O&7) |
| 08/22/2003 |
ORDER-BRIEF SUPPLEMENTATION
DY |
|
|
Appellant's Motion for
Supplemental Briefing and Oral Argument in Light of
Wiggins v. Smith is hereby denied. |
| 09/11/2003 |
DISP-AFFIRMED |
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