IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIRST...

IN THE DISTRICT COURT OFAPPEAL OF FLORIDA

FIRST DISTRICT

CASE NO: 2009 CF 404A, B, C

DCA NO: 1D1O-2689

SPIN: 197112, 182838, 177399

STATE OF FLORIDA,

APPELLANT,

VS.

JEFFREY BROWN, ANDREA TYLER, JAMAL TAYLOR,

APPELLEE.

RECORD ON APPEAL FROM THE CIRCUITCOURT OF LEON COUNTY, FLORIDA

HONORABLE TERRY P. LEWIS

VOLUMES 1-3

ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE

BILL MCCOLLUM JOSHUA U. ZELMAN, ESQATTORI'EY GENERAL 707 F. PARK AVETEE CAPITOL, PL-01 TALLAHASSEE, FL 32301TALLAHASSEE, FL 32399

JOHN E. EAGEN, ESQP. 0. BOX 14566

TALLAHASSEE, FL 32317

DAREN L. SHIPPY, ESQP. 0. BOX 1019

TALLAHASSEE, FL 32302

elkins

Rectangular Exhibit Stamp

IN THE CIRCUIT COURT OFTHE SECOND JUDICIAL CIRCUIT,IN AND FOR LEON COUNTY FLORIDA


DCA NO: 1D1O-2689

STATE OF FLORIDA,

PLAINTIFF/APPELLANT,

V.

JEFFREY BROWN, ANDREA TYLER, JAMAL TAYLOR

DEFENDANT/APPELLEE

VOLUME 1

INDEXDATE FILED INSTRUMENT PAGE NO.

(2009 CF 404A)JUL 7, 2009 DOCKET REPORT 1-8

MAR 3, 2009 INFORMATION 9-

FEB 6,2009 COMPLAINT/PROBABLE CAUSE 10-15

FEB 9,2009 ARREST/PROBABLE CAUSE AFFIDAVIT 16-17

FEB 9,2009 MOTION FOR PRETRIAL DETENTION 18-20

FEB 10, 2009 DEFENDANT'S NOTICE OF APPEARANCE, WAIVER OF ARRAIGNMENT 21-AND PLEA OF NOT GUILTY

FEB 25,2009 MOTION TO DECLARE DEFENDANT INSOLVENT AND ORDER JAC TO 22-29PAY THE DEFENDANT'S COSTS IN THIS CASE

MAR 2, 2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO MOTION TO 30-33DECLARE DEFENDANT INSOLVENT AND ORDER JAC TO PAY THEDEFENDANT'S COSTS IN THIS CASE

MAR 6, 2009 ORDER OF DEFENDANT'S MOTION TO DECLARE INDIGENT 34-

MAR 17, 2009 DEFENDANT'S MOTION TO APPOINT INVESTIGATOR 35-37

MAR 18, 2009 MOTION TO TRANSCRIBE TRIAL TESTIMONY AND DIRECT JAC TO PAY 38-39TIlE COSTS

MAR 19, 2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO DEFENDANT'S40-41MOTION TO APPOINT OF INVESTIGATOR

MAR 20, 2009 ORDER GRANTING DEFENDANT'S MOTION TO TRANSCRIBE TRIAL 42-TESTIMONY AND DIRECT JAC TO PAY THE COSTS

VOLUME I

PAGE 2 INDEXDATE FILED INSTRUMENT PAGE NO.

MAR 20, 2009 ORDER ON DEFENDANT'S MOTION TO APPOINT INVESTIGATOR AND 43-DIRECT JAC TO PAY COSTS

APR 20, 2009 MOTION TO COMPEL DISCO VERY 44-45

APR 24, 2009 DEFENDANT'S MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION 46-50

APR 27, 2009 DEFENDANT'S MOTION TO DISMISS ON IMMUNITY GROUNDS 51-55

JUL 1, 2009 MOTJON TO TRANSCRIBE AND DIRECT JAC TO PAY THE COSTS 56-58

JUL 2, 2009 ORDER GRANTING DEFENDANT'S MOTION TO TRANSCRIBE AND 59-DIRECT JAC TO PAY THE COSTS

JUL 6, 2009 UNOPPOSED MOTION TO WITHDRAW AS COUNSEL OF RECORD 60-62

JUL 7, 2009 UNOPPOSED ORDER ON DEFENDANT'S MOTION TO WITHDRAW AS 63-COUNSEL

JUL 9, 2009 MOTION FOR APPOINTMENT OF CONFLICT COUNSEL 64-

JUL 10, 2009 ORDER OF APPOINTMENT 65-

JUL 13, 2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO MOTION TO 66-68TRANSCRIBE AND DIRECT JAC TO PAY THE COSTS

JUL 17, 2009 MOTION TO WITHDRAW AND APPOINT CONFLICT-FREE COUNSEL 69-

JUL 17, 2009 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL AND ORDER 70-APPOINTING NEW CONFLICT-FREE COUNSEL

JUL 29, 2009 MOTION TO WITHDRAW 7 1-72

JUL 31, 2009 ORDER OF APPOINTING CONFLICT REGISTRY ATTORNEY 73-

AUG 6, 2009 NOTICE OF APPEARANCE, WAIVER OF ARRIAGNMENT, PLEA OF NOT 74-76GUILTY, NOTICE OF DISCOVERY AND DEMAND FOR JURY TRIAL

AUG 12, 2009 MOTION TO TIlE CHIEF JUDGE TO DECLARE CASE TO BE 77-79EXTRAORDINARY AND REQUEST FOR INTERIM BILLING

AUG 17, 2009 JUSTICE ADMINSTRATIVE COMMISSION'S RESPONSE TO MOTION TO 80-84DELCARE CASE TO BE EXTRAORDINARY AND REQUEST FOR INTERIMBILLING

AUG 18, 2009 ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S 85-ATTORNEY'S MOTION TO CHIEF JUDGE TO DECLARECASE TO BE EXTRAORDINARY AND REQUEST FORINTERIM BILLING

VOLUME 1

PSGE 3 INDEXDATE FILED INSTRUMENT PAGE NO.

SEP 10, 2009 MOTION TO WITHDRAW, OR IN THE ALTERNATIVE, TO DECLARE 86-143SECTION 27.5304, FLORIDA STATUTES, UNCONSTITUTIONAL ASAPPLIED, RENEWED MOTION TO THE CHIEF JUDGE TO DECLARECASE TO BE EXTRAORDINARY, REQUEST FOR INTERIM BILLINGAND REQUEST FOR HEARING

SEP 11,2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE MOTION TO 144-153WITHDRAW AND REQUEST TO PARTICIPATE TELEPHONICALLY

OCT 12, 2009 DEFENDANT'S MOTION TO TRANSCRIBE 154-155

OCT 15, 2009 ORDER ON MOTION TO TRANSCRIBE 156-

DEC 8,2009 MOTION TO INCUR ADDITIONAL INVESTIGATIVE COSTS 157-158

DEC 9,2009 ORDER TO INCUR ADDITIONAL INVESTIGATIVE COSTS 159-

DEC 10,2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO MOTION TO 160-162INCUR ADDITIONAL INVESTIGATIVE COSTS

JAN 8,2010 MOTION TO TRANSCRIBE 163-164

JAN 12, 2010 ORDER ON MOTION TO TRANSCRIBE 165-

MAR 24,2010 DEFENDANT'S MOTION TO DISMISS: STATUTORY IMMUNITY 166-18 1

APR 23, 2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 182-183ATTACHMENT

APR 23,2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 184-185ATTACHMENT (NUMBER ONE)

APR 23, 2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 186-187ATTACHMENT (NUMBER TWO)

APR 28, 2010 DEFENDANT'S MOTION TO TRANSCRIBE HEARING ON MOTION TO 188-189DISMISS

MAY 3,2010 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO DEFENDANT'S 190-192MOTION TO TRANSCRIBE HEARING ON MOTION TO DISMISS

MAY 5, 2010 ORDER ON MOTION TO TRANSCRIBE 193-

111

IN THE CIRCUIT COURT OFTIlE SECOND JUDICIAL CIRCUIT,IN AND FOR LEON COUNTY FLORIDA


DCA NO: 1DIO-2689

STATE OF FLORIDA,


V.


DEFENDANT/APPELLEE

VOLUME 2

INDEXDATE FILED INSTRUMENT PAGE NO.

MAY 17, 2010 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 194-201

MAY 21, 2010 NOTICE OF APPEAL 202-203

MAY 21, 2010 STATEMENT OF JUDICIAL ACT 204-2 12

MAY 21, 2010 MOTION TO STAY PROCEEDINGS AND EXTEND SPEEDY TRIAL 213-215

MAY 21, 2010 MOTION FOR COURT REPORTER TO TRANSCRIBE NOTES 216-218

JUN 2,2010 DIRECTIONS 2 19-220

(2009 CE 404B)JUL 7,2009 DOCKET REPORT 22 1-224


FEB 6, 2009 COMPLAINT/PROBABLE CAUSE 226-231

FEB 9, 2009 ARREST/PROBABLE CAUSE AFFIDAVIT 232-234

FEB 9, 2009 PRELIMINARY DETERMINATION OF INDIGENCE AND INTERIM 235-APPOINTING THE PUBLIC DEFENDER

FEB 9, 2009 MOTION FOR PRETRIAL DETENTION 236-238

FEB 11,2009 MOTION FOR APPOINTMENT OF CONFLICT COUNSEL 239-

FEB 11,2009 MOTION FOR CRIMINAL DIVISION TRANSFER 240-

FEB 12, 2009 ORDER OF APPOINTMENT 241-

iv

VOLUME 2


FEB 18, 2009 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL AND ORDER 242-APPOINTING NEW CONFLICT-FREE COUNSEL

FEB 26,2009 MOTION TO WITHDRAW AS COUNSEL OF RECORD 243-244

FEB 26,2009 ORDER ON DEFENDANT'S MOTION TO WITHDRAW AS COUNSEL AND 245-ORDER APPOINTING NEW CONFLICT-FREE COUNSEL

APR 28, 2009 ORDER FOR SUBSTITUTION OF COUNSEL 246-

APR 28,2009 NOTICE OF APPEARANCE 247-

JUL 20, 2009 MOTION TO DECLARE DEFENDANT INDIGENT FOR COSTS 248-249

JUL 20, 2009 APPLICATION FOR CRIMINAL INDIGENT STATUS 250-251

JUL 22, 2009 ORDER DECLARING DEFENDANT INDIGENT FOR COSTS AND 252-APPROVING DUE PROCESS SERVICES

AUG 4, 2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO MOTION 253-257TO DECLARE DEFENANT INDIGENT FOR COSTS

AUG 26, 2009 NOTICE OF APPEARANCE OF CO-COUNSEL 258-259

OCT 23, 2009 MOTION TO PRODUCE DISCOVERY DOCUMENTS 260-26 1

OCT 23, 2009 MOTION TO ADD DUE PROCESS COSTS 262-263

OCT 27, 2009 ORDER APPROVING ADDITIONAL DUE PROCESS COSTS 264-

OCT 29, 2009 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO MOTION 265-267TO ADD DUE PROCESS COSTS

NOV 16, 2009 STATE'S REPONSE TO MOTION TO COMPEL DISCOVERY 268-270

DEC 22, 2009 MOTION OF CO-COUNSEL TO WITHDRAW FROM PROCEEDINGS 271-273

JAN 8, 2010 MOTION TO APPROVE ADDITIONAL DUE PROCESS COSTS 274-275

JAN 14, 2010 ORDER APPROVING ADDITIONAL DUE PROCESS COSTS 276-277

JAN 15, 2010 JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO MOTION 278-280TO APPROVE ADDITIONAL DUE PROCESS COSTS

MAR 18, 2010 MOTION TO DISMISS BASES ON DESTRUCTION OF EVIDENCE 28 1-282

APR 1,2010 DEI±NDANT'S MOTION TO DISMISS: STATUTORY IMMUNITY 283-290

APR 6,2010 MOTION TO STRIKE DEFENDANT'S MOTION TO DISMISS 291-300

V

VOLUME 2


APR 23,2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 30 1-302ATTACHMENT

APR 23, 2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 303-304ATTACHMENT (NUMBER ONE)

APR 23, 2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 305-306ATTACHMENT (NUMBER TWO)

MAY 17, 2010 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 307-3 14

MAY21,2010 NOTICEOFAPPEAL 315-316

MAY 21,2010 STATEMENT OF JUDICIAL ACT 317-325

MAY 21,2010 MOTION TO STAY PROCEEDINGS AND EXTEND SPEEDY TRIAL 326-328

MAY 21,2010 MOTION FOR COURT REPORTER TO TRANSCRIBE NOTES 329-331

JUN 2, 2010 DIRECTIONS 332-333

(2009 CF 404C)

JUL 7, 2009 DOCKET REPORT 334-337


FEB 6, 2009 COMPLAINT/PROBABLE CAUSE 339-344

FEB 9, 2009 ARREST/PROBABLE CAUSE AFFIDAVIT 345-346

FEB 9, 2009 AFFIDAVIT FOR CRJMINAL INDIGENT STATUS 347-

FEB 9, 2009 MOTION FOR PRETRIAL DETENTION 348-350

FEB 13, 2009 MOTION FOR APPOINTMENT OF CONFLICT COUNSEL 351-

FEB 17, 2009 NOTICE OF APPEARANCE 352-

FEB 17, 2009 PLEA OF NOT GUILTY 353-

FEB 18,2009 ORDER OF APPOINTMENT 354-

APR 27, 2009 NOTICE OF APPEARANCE 355-

JUN 15, 2009 MOTION TO PRECLUDE JURY CONSIDERATION AND SENTENCEING 356-358RE POSSESSION OF FIREARM

JUN 15, 2009 MOTION IN LIMINE - PRIOR SHOOTING 359-360

vi

VOLUME 2

PAGE4 INDEXDATE FILED INSTRUMENT PAGE NO.

JUN 15, 2009 MOTION TO SEVER DEFENDANTS 36 1-364

JUN 16, 2009 DEFENDANT'S WITNESS LIST AND DISCOVERY DISCLOSURE 365-366

JUN 29, 2009 DEFENDANT'S REQUEST FOR JUDICIAL NOTICE - CASE NUMBER 367-37508 CF 655

JUN 29, 2009 DEFENDANT'S REQUEST FOR JUDICIAL NOTICE - CASE NUMBER 376-38708 CF 656

JUN 29, 2009 DEFENDANT'S WITNESS LIST AND DISCOVERY DISCLOSURE - 388-389AMENDED

SEP 21,2009 DEFENDANT'S WITNESS liST AND DISCOVERY DISCLOSURE - 2 390-39 1AMENDED

SEP 29, 2009 AMENDED MOTION IN LIMINE - PRIOR SHOOTING 392-394

vii

IN TI-IL CIRCUIT COURT OFTHE SECOND JUDICIAL CIRCUIT,IN AND FOR LEON COUNTY FLORIDA


DCA NO: ID1O-2689

STATE OF FLORIDA,


V.


vu'

DEI±NDANT/APPELLEE

PAGE NO.DATE FILED

VOLUME 3

INDEXINSTRUMENT

JAN 12, 2010 DEFENDANT'S WITNESS LIST AND DISCOVERY DISCLOSURE 2ND 395-396AMENDED

APR 23, 2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 397-398ATTACHMENT

APR 23, 2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 399-400ATTACHMENT (NUMBER ONE)

APR 23,2010 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OF 401-402ATTACHMENT (NUMBER TWO)

MAY 17, 2010 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 403-410

MAY21,2010 NOTICEOFAPPEAL 411-412

MAY 21, 2010 STATEMENT OF JUDICIAL ACT 413-421

MAY 21, 2010 MOTION TO STAY PROCEEDINGS AND EXTEND SPEEDY TRIAL 422-424

MAY 21, 2010 MOTION FOR COURT REPORTER TO TRANSCRIBE NOTES 425-427

JUN 2, 2010 DIRECTIONS 428-429

JUL 8, 2010 CERTIFICATE OF CLERK

JUL 7, 2010 TRANSCRIPT OF MOTION TO DISMISS HEARING VOLUME 1(APR 27, 2010) (PAGES 1-151)

JUL 7,2010 TRANSCRIPT OF MOTION TO DISMISS HEARING VOLUME 2(APRIL 27, 2010) (PAGES 1-183)

Docket Report on Case Process2009CF404A1 / BROWN, JEFFREY EMANUEL JR / 197112

02/06/09 WARRANT To SHERIFF

02/06/09 CASE CREATED BY WARRANT

02/06/09 COMPLAINT FILED

02/06/09 AFFIDAVIT - PROBABLE CAUSE

02/06/09 WARRANT ISSUED

02/06/09 FIRST APPEARANCE REQUIRED

02/06/09 DOCUMENT RECEIVED

02/06/09 NO CONTACT WITH VICTIM

02/06/09 NO CONTACT WITH CO-DEFENDANT

02/06/09 BOOKED AT JAIL

02/06/09 TEXT

02/06/09 WARRANT BOOKED AT JAIL

02/06/09 JUDGE ASSIGNED

02/06/09 FIRST APPEARANCE SET

02/07/09

02/07/09

02/07/09

02/07/09

02/07/09

02/09/09

02/09/09

02/09/09

02/10/09

ARREST AFFIDAVIT FILED

TEXT

HIRE OWN ATTORNEY

NO BOND SET

FIRST APPEARANCE SET

TEXT

HIRE OWN ATTORNEY

BOND AMOUNT SET:

NOTICE OF APPEARANCE

02/10/09 PRIVATE ATTY ASSIGNED

02/10/09 NOTICE OF DISCOVERY

Run Date

JUL-07-2010 16:06:54

06-FEB-09

HOMICIDE-NEGLIGVEHICLE




F.A.R.

06-FEB-2009

BRING BACK 2/9/9

NO BOND ALLOWED

FIRST APPEARANCE SET: 02/09/2009 08:3OAM/ROOM# J1

MOTION FOR PRETRIAL DETENTION FILED

SET BOND AT 100000

ANABELLE DIAS - WAIVER OF ARRAIGNMENT - PLEAOF NOT GUILTY - RECEIVED VIA FAX

Private Attorney Added: 162604 - DIASANABELLE

RECEIVED VIA FAX

MANSL OTHER THAN BY MOTOR


MANSL OTHER TI-IAN BY MOTOR


BOOKED(SERVED) AT JAIL

BOOKING INFORMATION ENTERED: OBTS#3702099254/B0OxcINGft 1899/REP# 090028369

BOOKING# 2009-1899

DIV-A JUDGE LEWIS TERRY P JUDGE ID-17

FIRST APPEARANCE SET: 02/07/2009 08:3OAM/ROOM# J1

02/11/09 STATE ATTORNEY ASSIGNED Prosecuting Attorney Added: 566071 -

CAPPLEMAN GEORGIA

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197112 BROWN, JEFFREY 03/15/1986 BLACK

EDLE Statute 782.07 1 - MANSLAUGHTER W/FIREARN

Offense Date 02/17/2008 Status DISPOSED Location RELEASED DISMISSED

Degree S Level FELONY

03/17/09 MOTION TO:

03/18/09 MTN CT. REPORTER TO TRANSCRIBE

03/19/09 CASE MANAGEMENT CONFERENCE SET

03/19/09 TEXT

03/20/09 ORDER GRANTING


Docket Report on Case Process2009CF404A1 I BROWN, JEFFREY EMANUEL JR / 197112 Run Date

INDIGENT; THE DEFENDANT'S MOTION TO DECLARETHE DEFENDANT INSOLVENT AND ORDER THE J.A.C.OF THE STATE OF FLORIDA PAY THE DEFENDANT'SCOSTS WHICH CAN INCLUDE BUT NOT LIMITED TOPSYCHOLOGICAL EVALUATIONS, DEPOSITIONS,TRANSCRIPTS, AND INVESTIGATION COSTS ISGRANTED, IN PART FIFTY PERCENT OF SUCH COSTSAS MAY IN THE FUTURE BE AUTHORIZED, SHALL BEPAID BY J.A.C.

APPOINT INVESTIGATOR - (DEFENDANT'S)W/ATTACHED PROPOSED ORDER VIA FAX

TRIAL TESTIMONY AND DIRECT JAC TO PAY THECOSTS - VIA FAX

CASE MANAGEMENT CONFERENCE RESET TO:03/23/2009 02:OOPM /ROOM# 3A

JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSETO DEFENDANT'S MOTION TO APPOINT OFINVESTIGATOR

DEFENDANT'S MOTION TO TRANSCRIBE TRIALTESTIMONY AND DIRECT JAC TO PAY THE COSTS

DEFENDANT'S MOTION TO APPOINT INVESTIGATORAND DIRECT JAC TO PAY COSTS; SCOTT DARNELL,

rep0250 Page 2

2

SPECIALIZED INVESTIGATIONS GROUP, LLC, BEAPPOINTED TO THE DEFENDANT'S CASE ASINVESTIGATORS FOR THE DEFENDANT. THE JUSTICEADMINISTRATION COUNCIL IS DIRECTED TO PAY ALLREASONABLE COSTS NO MORE THAN $1500, FOR THEINVESTIGATION OF THIS CASE.

03/23/09 CASE MANAGEMENT CONFERENCE SET 03/24/2009 01:30 PM ROOM - 3A

03/24/09 CASE MANAGEMENT CONFERENCE SET 04/27/2009 09:00 AM ROOM - 3A

03/25/09 CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE RESET TO:04/27/2009 09:OOAN /ROOM# 3A

04/21/09 MOTION TO COMPEL DISCOVERY - W/PROPOSED ORDER VIAFAX (04 / 20 / 09)

04/27/09 MOTION TO DISMISS ON IMMUNITY GROUNDS - VIA FAX

04/27/09 MOTION TO: DISMISS FOR SPEEDY TRIAL VIOLATION(04/24/09)

eral -

JUL-07-2010 16:06:54

flockel02/26/09 MOTION TO: DECLARE DEFENDANT' S INSOLVENT AND ORDER JAC

TO PAY THE DEFENDANTS COSTS IN THIS CASEW/ATTACHMENT & PROPOSED ORDER VIA FAX

JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE03/02/09 TEXTTO MOTION TO DECLARE DEFENDANT INSOLVENT ANDORDER JAC TO PAY THE DEFENDANT'S COSTS INTHIS CASE.

03/04/09 INFORMATION FILED: MANSLAUGHTER W/FIREARN(03/03/09)

03/04/09 CHARGE LITERAL CHANGED MANSLAUGHTER W/FIREARM

03/04/09 COURT CHARGE LITERAL ENTERED MANSLAUGHTER W/FIREARN

03/04/09 ARRAIGNMENT SET: (CANCELLED/REMOVED ON 05-MAR-09 BY WAUGHL)ARRAIGNNENT(ARN) SET: 03/23/2009 09:00A14/ROOM# 3A

03/05/09 CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE SET: 03/23/200909:OOAN /ROOM4I 3A

03/06/09 ORDER ORDER ON DEFENDANT'S MOTION TO DECLARE

Date Literal

04/27/09 TRIAL SET

04/27/09 PRETRIAL HEARING SET:

05/05/09 ANSWER TO OEMAND FOR DISCOVERY

05/06/09 NOTICE OF HEARING

05/06/09 MOTION HEAPING SET

Docket Report on Case Process2009CF404A1 I BROWN, JEFFREY EMANUEL JR / 197112


06/17/09 DEFS WITNESS LIST

06/25/09 SUBPOENA FOR DEPOSITION RETURN

07/01/09 MOTION TO:


07/06/09 MOTION TO:

07/06/09 MOTION TO WITHDRAW

07/07/09 MTN TO WITHDRAW AS COUNSEL

07/07/09 ORDER WITHDRAWAL COUNSEL

07/07/09 ORDER APPT PUBLIC DEFENDER

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Rio, Du

JUL-07-2010 16 0654

Docket Text

(CANCELLED/REMOVED ON 27-MAY-09 BY WALLERK)06/15/2009 08:30 AAi---,JtJRY

05/27/2009 09:00 AM ROOM - 3A

AND DEMAND FOR NOTICE OF ALIBI (05/04/09)

ON DEFENDANTS MOTION TO DISMISS, MAY 15,2009 AT 9:30 AM. IN COURTROOM 3A, - VIA FAX

MOTION HEARING SET: 05/12/2009 09:3OAM /ROOW#3A

PRE-TRIAL HEARING RESET TO: 08/05/200909:O1AOJ /ROOM4( 3A

(06/16/09)

SERVED (2)

TRANSCRIBE AND DIRECT JAC TO PAY THE COSTSATTACHED PROPOSED ORDER

DEFENDANT'S MOTION TO TRANSCRIBE AND DIRECTJAC TO PAY THE COSTS

TRANSCR1BE AND DIRECT JAC TO PAY THECOSTS (07/02/09)

AS COUNSEL OF RECORD - UNOPPOSED - ATTACHEDPROPOSED ORDER

OF RECORD

ANABELLE DIAS IS WITHDRAWN AND THE PUBLICDEFENDER'S OFFICE IS APPOINTED TO REPRESENTTHE DEFENDANT

3

05/06/09 MOTION HEARING SET MOTION HEARING RESET TO: 05/15/2009 09:3OAM/ROOM# 3A

05/06/09 MOTION TO: TRANSPORT N/ATTACHED PROPOSED ORDER

05/06/09 SUBPOENA FOR HEARING ISSUED

05/06/09 ANSWER TO DEMAND FOR DISCOVERY AMENDED

05/11/09 SUBPOENA FOR MOTION TO DISMISS HEARING: 16 SUBPOENASRETURNED SERVED)05/08/09)

05/11/09 SUBPOENA FOR 13 RETUNNED SERVED FOR MOTION TO DISMISSHEARING (05/08/09)

05/12/09 SUBPOENA FOR MOTION TO DISMISS HEARING - 1 RETURNEDNONSERVED)05/11/09)

05/13/09 ANSWER TO DEMAND FOR DISCOVERY 0, (05/08/09)OEMD FOR NOTICE OF ALIBS

05/15/09 TEXT MOTION TO DISMISS: WITHDRAWNDEFENDANT TO BE TRANSPORTED TO DOC AND ATRANSPORT ORDER WILL BE ENTERED FOR HISRETURN

05/27/09 TEXT OFF 6-15-09 TRIALSPECIAL SET 5TH WEEK

05/27/09 TRIAL SET (CANCELLED/REMOVED ON 05-AUG-09 BY WAUGHL)08/31/2009 08:30 AN --JURY

05/27/09 PRETRIAL NEARING SET: 08/03/2009 09:01 AN ROOM 3A

07/09/09 MOTION FOR APPT OF CONFLICTCOUNSEL

07/10/09 ORDER APPT CONFLICT CRIM/CIVILREGIONAL OFFICE

07/10/09 CONFLICT ATTORNEY ASSIGNED

07/14/09 TEXT

07/17/09 MOTION FOR APPT OF CONFLICTCOUNSEL

07/20/09 ORDER APPOINTING CONFLICT ATTY

07/20/09 ORDER GRANTING W/D AS COUNSEL

07/20/09 CONFLICT ATTORNEY ASSIGNED



07/30/09

07 /3 1/09

07 /3 1/09

07/31/09

07 /3 1/09

08/05/09 TEXT

08/05/09 TRIAL SET


08/07/09 NOTICE OF APPEARANCE

08/12/09 MOTION TO THE CHEIF JUDGE TODECLARE CASE TO BE EXTRAORDINARY

08/18/09 RESPONSE

08/18/09 ORDER DENYING

09/02/09 STATE ATTORNEY REASSIGNED TO

09/02/09 STATE ATTORNEY ASSIGNED

09/02/09 ANSWER TO DEMAND FOR DISCOVERY



MOTION TO WITHDRAW

ANSWER TO DEMAND FOR DISCOVERY

ORDER APPOINTING CONFLICI' ATTY

ORDER GRANTING W/D AS COUNSEL

CONFLICT ATTORNEY ASSIGNED

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Conflict Attorney Added: 88888 - CRIMINALCONFLICT REGIONA L COUNSEL OFFICE (CCRCO)

JAC'S RESPONSE TO MOTION TO TRANSCRIBE ANDDIRECT JAC TO PAY THE COSTS(O7/13/O9)

AND MOTION TO WITHDRAW

JAMES BANKS(O7/17/09)

REGIONAL COUNSEL WITHDRAWN(O7/17/O9)

Conflict Attorney Added: 281670 - BANKS JAMES

PRE-TRIAL HEARING RESET TO: 08/05/200909:O2AN /ROOM1$ 3A

PRE-TRIAL HEARING RESET TO: 08/05/200910:02AM /ROOM# 3A

(07/29/09)

ANENDED(O7/3O/O9)

JOSHUA ZELMAN

JAMES C. BANKS WITHDRAWN

Conflict Attorney Added: 662291 - ZELMANJOSHUA

OFF 8-31-09 TRIAL

(CANCELLED/REMOVED ON 05-OCT-09 BY WALLERK)10/26/2009 08:30 AM---JURY

10/05/2009 10:00 AN ROOM - 3A

JOSHUA ZELMAN - WAIVER OF ARRAIGNMENT - PLEAOF NOT GUILTY - NOTICE OF DISCOVERY - DEMANDFOR JURY TRIAL

AND REQUEST FOR INTERMIN BILLING VIA FAX

JUSTICE ADMINISTRATIVE CONMISSION'S RESPONSETO MOTION TO DECLARE CASE TO BE EXTRAORDINARYAND REQUEST FOR INTERIM BILLING AND REQUESTTO PARTICIPATE TELEPHONICALLY(O8/17/09)

WITHOUT PREJtJDICE DEFENDANT'S ATTORNEY'SNOTION TO THE CHIEF JUDGE TO DECLARE CASE TOBE EXTRAORDINARY AND REQUEST FOR INTERIMBILLING

TRANSFERED FROM CAPPLEMAN GEORGIA TO CAMPBELLJACK

Prosecuting Attorney Added: 566071 -

CAPPLEMAN GEORGIA

AMENDED

AMENDED

Run Date

UL-07-2010 16:06:54

4

07/08/09 PUBLIC DEFENDER ASSIGNED Public Defender Added: 728616 - WARD JUSTIN


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.JUL.07.20)0 16:06.54

5

09/10/09 MOTION TO WITHDRAW OR IN THE ALTERNATIVE, TO DECLARE SECTION27.5304, FLORIDA STATUTES, UNCONSTITUTIONALAS APPLIED, RENEWED MOTION TO THE CHIEF JUDGETO DECLARE THE CASE TO BE EXTRAORDINARY,REQUEST FOR INTERIM BILLIN AND REQUEST FORHEARING

09/14/09 RESPONSE JAC'S RESPONSE MOTION TO WITHDRAW AND REQUESTTo PARTICIPATE TELEPHONICALLY(09/11/09)

09/18/09 MOTION HEARING SET MOTION HEARING SET: 09/21/2009 10:00AM /ROOM#3A

09/18/09 MOTION HEARING SET MOTION HEARING RESET TO: 09/21/2009 10:01AM/ROOM# 3A

09/21/09 NOTICE OF HEARING ON MOTION TO WITHDRAW, OR IN THE ALTERNATIVE,TO DECLARE SECTION 27.5304, FLORIDA STATUTES,UNCONSTITUTIONAL AS APPLIED, RENEWED MOTIONTO THE CHIEF JUDGE TO DECLARE CASE TO BEEXTRAORDINARY, REQUEST FOR INTERNIN BILLINGAND REQUEST FOR HEARING, SEPTEMBER 21, 2009,10:00 AM. IN COURTROOM 3A. (09/18/09)

09/21/09 RESET MOTION HEARING 10/19/2009 11:00 AM ROOM - 3A

09/22/09 DEF"S WITNESS LIST AN.ENDED(09/21/09)

10/05/09 TEXT MOTION TO CONTINUE TRIAL - GRANTEDOFF 10-26-09

10/05/09 TRIAL SET (CANCELLED/REMOVED ON 20-JAN-10 BY WALLERK)02/08/2010 08:30 AM----JURY

10/05/09 PRETRIAL HEARING SET: 01/20/2010 10:00 AM ROOM - 3A

10/12/09 SUBPOENA FOR TRIAL ISSUED (10/09/09)

10/12/09 MTN CT. REPORTER TO TRANSCRIBE JURY TRIAL 2008 CF 656 A

10/16/09 ORDER CRT. REPORTER TRANSCRIBE THE COURT REPORTER IS DIRECTED TO PROVIDE THECOUNSEL FOR THE DEFENDANT COPIES OF THETRANSCRIPT OF THE HEARING IN CASE NO:2008CF656 ON DEFENDANT'S MOTION TO DISMISSFROM FEBRUARY 17, 2009, AND JURY TRIAL FROMFEBRUARY 18, 2009, WITHIN A REASONABLE PERIODOF TIME, AND THE COURT REPORTER SHALL BEENTITLED TO COMPENSATION FROM THE JUSTICEADMINISTRATION COMMISSION FOR SUCHTRANSCRIPTS.

10/19/09 TEXT MOTION TO W/D OR DECLARE CASE TO BE EXTRA-ORDINARY - DENIED W/0 PREJUDICE

10/26/09 NOTICE TO/OF: UNAVAILABLITY, JOSHUA ZELMAN, GIVES NOTICEOF BEING UNAVAILABLE FOR THE FOLLOWING DATES;OCTOBER 29,2009, THROUGH NOVEMBER 3, 2009;NOVEMBER 24, 2009, THROUGH NOVEMBER 30, 2009;AND DECEMBER 23, 2009, THROUGH JANUARY 1,2010. (10/23/09)

12/08/09 MOTION TO: INCUR ADDITIONAL INVESTIGATIVE COSTS

12/09/09 ORDER TO INCUR ADDITIONAL INVESTIGATIVE COSTS

12/10/09 TEXT JAC'S RESPONSE TO MOTION TO INCUR ADDITIONALINVESTIGATIVE COSTS

01/08/10 MTN CT. REPORTER TO TRANSCRIBE

01/12/10 ORDER CRT. REPORTER TRANSCRIBE GRANTED; THE COURT REPORTER IS DIRECTED TO

01/13/10 DEMAND FOR DISCOVERY

01/20/10 TEXT

01/20/10 TRIAL SET



03/15/10 STATE ATTORNEY ASSIGNED

Docket Report on Case Process2009CF404A1 I BROWN, JEFFREY EMANUEL JR / 197112

03/23/10 MOTION TO:


03/24/10 ORDER TO TRANSPORT

03/25/10 MOTION TO DISMISS



04/05/10 TEXT

04/05/10 CASE MANAGEMENT CONFERENCE SET




04/06/10 SUBPOENA FOR TRIAL RETURNED

04/06/10 ORDER TO TRANSPORT RETURNED


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PROVIDE THE COUNSEL FOR THE DEFENDANT COPIESOF THE TRANSCRIPT OF THE DEPOSITIONS OFRAKEEM EDMUND, JIM JONES III, AND JEFFREYFOGGY WITHIN A REASONABLE PERIOD OF TINE, ANDTHE COURT REPORTER SHALL BE ENTITLED TOCOMPENSATION FROM THE JAC FOR SUCHTRANSCRIPTS.

SPECIFIC

MOTION TO CONTINUE TRIAL - GRANTEDOFF 2-8-10 TRIAL

04/26/2010 08:30 AM---JURY

04/05/2010 10:00 AM ROOM - 3A

ANENDED(0 1/19/10)

Prosecuting Attorney Added: 721026 - MUTZJEREMY

TRANSPORT INNATE/WITNESS

AMENDED

THE LEON COUNTY SHERIFF'S OFFICE SHALLTRASPORT SHAWNTAVIUS WASHINGTON FROM THENORTHWEST FLORIDA RECEPTION CENTER TO THELEON COUNTY JAIL ON OR BEFORE FRIDAY, APRIL23, 2010 AND THEREAFTER TO THE LEON COUNTYCOURTHOUSE FOR THE TRIAL OF DEFENDANT'S CASESCHEDULED FOR THE WEEK OF APRIL26, 2010

STATUTORY IN1IUNITY(03/24/10)

AMENDED

DEFENDANT FROM NW FLORIDA RECEPTION CENTERANNEX

DO NOT TRANSPORT FOR 4/6 PTCMREMAIN ON TRIAL DOCKET 4/26/10

04/21/2010 02:01 PM ROOM - 3A

04/06/2010 10:01 AM ROOM - 3A

PRE-TRIAL HEARING RESET TO: 04/06/201010:01AM /ROOM4 3A

PRE-TRIAL HEARING RESET TO: 04/06/201010:00AM /ROOM# 3A

(3) SUBPOENA'S RETURN(04/O5/10)

THE SHERIFF OF LEON COUNTY, FLORIDA SHALLRECEIVE FROM HOLMES CORRECTIONAL INSTITUTION,THE SAID SHAWNTAVIOUS WASHINGTON, TO BETRANSPORTED TO LEON COUNTY JAIL FOR JURYTRIAL BY MONDAY APRIL 26, 2010 - UPONCOMPLETION OF THE JURY TRIAL IN THIS CAUSETHE SAID INMATE CAN BE TRANSPORTED BACK TOTHE DEPARTMENT OF CORRECTIONS

THE SHERIFF OF LEON COUNTY, FLORIDA SHALLRECEIVE FROM NORTHWEST FLORIDA RECEPTIONCENTER ANNEX, THE SAID RAKEEM 0 EDMUND, TO BETRANSPORTED TO LEON COUNTY JAIL FOR JURYTRIAL BY MONDAY APRIL 26, 2010 - UPONCOMPLETION OF THE JURY TRIAL IN THIS CAUSE

Run Date

UL-07-20J0 16:06.54

6

04/06/10 TEXT

04/08/10 NOTICE OF HEARING

Docket Report on Case Process2009CF404A1 / BROWN, JEFFREY EMANUEL JR / 197112 Run Date

JUL-07-2010 26,06:54

THE SAID INMATE CAN BE TRANSPORTED BACK TOTHE DEPARTMENT OF CORRECTIONS

REMAIN ON TRIAL DOCKET 4-26-10

ON DEFENDANT'S MOTION TO DISMISS - THE WEEKOF 4/26/2010 THROUGH 4/30/2010 - EXACT DATEAND TIME TO BE DETERMINED THE WEEK PRIOR

04/09/10 CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE RESET TO:04/21/2010 02:O1PM /ROOM# 3A

04/19/10 SUBPOENA FOR HEARING RETURNED

04/19/10 ORDER TO TRANSPORT THE SHERIFF OF LEON COUNTY, SHALL RECEIVEFROM HAMILTON CORRECTIONAL INSTITUTION THESAID MARX PATE DC# N04777 TO BE TRANSPORTEDTO THE LEON COUNTY FOR JURY TRIAL MONDAY,APRIL 26, 2010 - UPON COMPLETION OF THE JURYTRIAL THE SAID INMATE CAN BE TRANSPORTED BACKTO THE DEPARTMENT OF CORRECTION5(03/22/1Q)

04/21/10 TEXT MOTION 4-27-10 9:00REMAIN ON TRIAL 4-26-10

04/21/10 MOTION HEARING SET (CANCELLED/REMOVED ON 21-APR-10 BY WAUGHL)MOTION HEARING SET: 04/27/2010 09:OOAM /ROOM#3A

04/22/10 ORDER TO TRANSPORT RETURNED SERVED

04/22/10 SUBPOENA FOR HEARING ISSUED

04/23/10 PETITION FOR MATERIAL WITNESS WARRANT (PICK UP ORDER) ANDWRIT OF ATTACHMENT (NUMBER ONE)

04/23/10 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OFATTACHMENT

04/23/10 PETITION FOR MATERIAL WITNESS WARRANT AND WRIT OFATTACHMENT (NUMBER TWO)

04/26/10 ANSWER TO DEMAND FOR DISCOVERY AMENDED

04/26/10 MOTION HEARING SET MOTION HEARING SET: 04/27/2010 09:OOAM /ROOMt$3A

04/27/10 ANSWER TO DEMAND FOR DISCOVERY ANENDED(04/26/10)



04/28/10 TEXT JOINTSELF DEFENSE MOTION: TAKEN UNDERADVISEMENTSET FOR CMC / CONTROL DATE AND DEFENDANT TOBE TRANSPORTED 5/18/10(04/27/10)

04/28/10 CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE SET: 05/18/201010:00AM /ROOM# 3A

04/28/10 HEARING RECORD

04/28/10 EVIDENCE ENTERED AT HEARING

04/28/10 MOTION TO: TRANSCRIBE HEARING ON MOTION TO DISMISS

05/03/10 RESPONSE JUSTICE SDMINISTPATIVE CONNISSION'S RESPONSETO DEFENDANT'S MOTION TO TRANSCRIBE HEARINGON MOTION TO DISMISS

05/05/10 ORDER DIRECTING COURT REPORTER ORDER ON MOTION TO TRANSCRIBE

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Docket Report on Case Process2009CF404A1 / BROWN, JEFFREY EMANUEL JR /197112

repO2SO Page 8

Run Date

JUL-07-2010 16.06:54

(4/27/10)

8

05/10/10

?ija

CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE RESET TO:05/18/2010 10:00AM /ROOM4 3A

05/11/10 ANSWER TO DEMAND FOR DISCOVERY AMENDED(05/10/10)

05/17/10 ORDER GRANTING MOTIONS TO DISMISS OF DEFENDANTS BROWN ANDTYLER ARE GRANTED

05/17/10 CASE DISMISSED

05/18/10 RELEASED RLSDDS /DATE: 18-MAY-10

05/21/10 NOTICE OF APPEAL

05/21/10 MOTION TO: STAY PROCEEDINGS AND EXTEND SPEEDY TRIAL

05/21/10 MTN CT. REPORTER TO TRANSCRIBE NOTES

05/21/10 JUDICIAL ACTS TO BE REVIEWED

05/21/10 TEXT CERTIFIED COPY OF NOTICE OF APPEAL TO DCA

05/28/10 DCA CASE NUMBER: 1D1O-2689

05/28/10 NOTICE OF HEARING 6/7/2010 10:00 AM ROOM 3A

05/28/10 MOTION HEARING SET MOTION HEARING SET: 06/07/2010 10:00AM /ROOM#3A

05/28/10 REQUEST FOR STYLED DCA - COURT REPORTER S REQUEST FOREXTENSION OF TIME FOR FILING OF TRANSCRIPT

06/02/10 DIRECTIONS TO THE CLERK

06/07/10 TEXT MOTION TO STAY PROCEEDING, EXTEND SPEEDYTRIAL GRANTED

06/08/10 ORDER FROM DCA THE COURT REPORTER'S MOTION FILED ON JUN 1,10, IS GRANTED. TIME FOR DELIVERY OF THETRANSCRIPT IS EXTENDED TO JUN 30, 10. TIMEFOR SERVICE OF THE INDEX TO THE RECORD ONAPPEAL IS EXTENDED TO 10 DAYS AFTER DELIVERYOF THE TRANSCRIPTS AND TIME FOR SERVICE OFTHE INITIAL BRIEF IS EXTENDED TO 30 DAYS FROMSERVICE OF THE RECORD.

07/07/10 TRANSCRIPT OF MOTION TO DISMISS HEARING VOLS 1 & 2

STATE OF FLORIDA

vs.

Jeffrey Brown A DEFB/tv!, 03/15/1986SSN 591-40-6858SPN 197112

Andrae L. Tyler B DEEB/M, 11/30/1985SSN 593-38-0385SPN 182838

Jamal K. Taylor C DEFB/M, 02/05/1989SSN 590-82-5 198SPN 177399

Defendant(s)./

INFORMATION FOR:

Count I MANSLAUGHTER WITH FIREARM (F2) (ref. #2545)

IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

WILLIAM N. MEGGS, Slate Attorney for the Second Judicial Circuit of the State of Florida,charges that in Leon County, Florida, the above-named defendant(s):

COUNT I: On February 17, 2008, did unlawibIly by act, procurement, or culpabIIligenctd withoutlawthl justification kill a human being, Michael Jackson, by shooting with afireaI.pd saiq3illing wnot an excusable homicide nor murder, contrary to Section 782.07(1), Florida S1fät11t.

-- U)STATE OF FLORIDACOUNTY OF LEON

WI M .M.S,STATENllORNEYSE! D J JFD CIRCUIT

anstant State Attorney

IN THE CIRCU OURT OF THESECOND JUDICi1iL CIRCUIT, 1NAND FOR LEON COUNTY, FLORIDA.

CASE NO. 09CF00404

**ffOPJyITJON* *

The foregoing instrument was acknowledged before me on March 3, 2009, by Georgia Cappieman,Designated Assistant State Attorney by William N. Meggs, State Attorney for the Second Judicial Circuitof the State of Florida, who is known to me and did take an oath stating good faith in instituting theprosecution and certi'ing that testimony wasreceived under oath from [hey8yl witness or witnessesfor the offense pursuant to F.R.Cr.P. 3.140(g). Mary

commisso DD477910

t- Expires November 1, 2009( TtO Fnrn - nut nc

NOTAR)½UBLIC

ARN / CMC in Courtroom 3A ASA Georgia CapplemanCASE 09CF405 (Andrae Tyler)AND 09CF406 (Jamal Taylor) CONSOLIDATED INTO 09CE404(Jeffrey Brown)

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIRST...

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