JOHNSON, EMANUEL
APPELLANT
VS
STATE OF FLORIDA APPELLEE
APPEALED FROM THE CIRCUIT COURT IN
AND FOR SARASOTA COUNTY, FLORIDA,
THE HONORABLE DEBRA JOHNES RIVA,
PRESIDING JUDGE
L.T. CASE NO: 1988 CF 003198 NC
1988 CF 003199 NC
H.T. CASE NO: SC17-1401
RECORD ON APPEAL
07/06/2016 APPEARANCE RECORD (121)
07/07/2016 ORDER ON STATUS CONFERENCE RE: STATUS OF RECORD (122 - 123)
01/06/2017 DEFENDANT;S SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE (HURST V. FLORIDA)
(124 - 153)
01/31/2017 ORDER GRANTING EXTENSION OF TIME TO FILE A WRITTEN RESPONSE TO DEFENDANT'S SUCCESSIVE POSTCONVICTION MOTION
(154 - 155)
03/10/2017 STATE'S ANSWER TO DEFENDANT'S SUCCESSIVE MOTION FOR POST CONVICTION RELIEF
(156 - 186)
04/06/2017 ORDER RE-ASSIGNING CASE AND SETTING CASE MANAGEMENT CONFERENCE
(187 - 188)
07/03/2017 ORDER DENYING DEFENDANT'S SUCCESSIVE MOTIONS FOR POSTCONVICTION RELIEF
(189 - 197)
07/26/2017 APPEAL - NOTICE (198 - 199)
07/26/2017 APPEAL - DIRECTIONS TO CLERK (200 - 201)
07/26/2017 APPEAL - DESIGNATION TO COURT REPORTER (202 - 203)
07/31/2017 ACKNOWLEDGEMENT BY APPELLATE COURT OF NEW APPEAL CASE / SC17-1401
(204)
08/21/2017 TRANSCRIPT - APPEAL - APRIL 10, 2017 (205 - 213)
06/13/2016 ORDER SCHEDULING HEARING (214)
07/06/2016 APPEARANCE RECORD (215)
07/07/2016 ORDER GRANTING DEFEDNANT'S MOTION TO TRANSCRIBE DEPOSITIONS AND FOR PAYMENT OF THE COURT REPORTER FEES
(216 - 217)
01/26/2017 UNOPPOSED MOTION FOR EXTENSION OF TIME (218 - 220)
01/31/2017 ORDER GRANTING EXTENSION OF TIME TO FILE A WRITTEN RESPONSE TO DEFENDANT'S SUCCESSIVE POSTCONVICTION MOTION
(221 - 222)
07/26/2017 APPEAL - NOTICE (223 - 224)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/12/1988 ARREST WARRANT FILED
10/12/1988 PROBABLE CAUSE AFFIDAVIT FILED
10/12/1988 CASE FILED WITH CLERK
10/13/1988 BOOKING REPORT FILED RET DATE 110488
10/13/1988 EXECUTED WARRANT 101188
10/13/1988 ADVISORY HEARING BAIL SET-NONE-BURG WHILE ARMED
10/24/1988 ORDER APPOINTING EXPERT RULE 3.216
11/04/1988 COURT APPEARANCE RECORD PREPARED BY CLERK: CT #1
11/04/1988 ARMED BURGLARY-NO ACTION TAKEN BY COURT RE: BOND
11/04/1988 REDUCTIONS PENDING GRAND JURY DECISION, PLACED ON
11/04/1988 NON FILED STATUS.
11/07/1988 INFO FILED FOR CT #1 ARMED BURGLARY
11/07/1988 INFORMATION FILED AS TO COUNTS: 1
11/08/1988 NOTICE OF COURT DATE-ARRAIGNMENT-111888
11/14/1988 STIP & ORDER FOR COURT REPORTER
11/18/1988 COURT APPEARANCE RECORD PREPARED BY CLERK: CT #1
11/18/1988 ARMED BURGLARY, ARR-PNG TRIAL SET 012389, PD
11/18/1988 HOCKETT APPT
11/22/1988 AFFIDAVIT & ORDER OF INDIGENCY W/ATTACHMENTS
12/08/1988 STATES RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
12/08/1988 FILED
12/23/1988 AFFIDAVIT & ORDER OF INDIGENCY
01/03/1989 STIP. & ORDER FOR CONT. TO 032089 FOR TRIAL WST
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. BRENDA
01/18/1989 REDDEN 011789
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. JACK SAPP
01/18/1989 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. BOB
01/18/1989 STANTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. PAUL
01/18/1989 SUTTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED MIKE ZAGORSKI
01/18/1989 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. GARY
01/18/1989 JANKINS 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED ACTING CHIEF
01/18/1989 GORDON JOLLY
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED LT. A. F.
01/18/1989 HOGLE 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED CAPT. RON
01/18/1989 BATEY 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED CAPT. DAVID
01/18/1989 BLOUGH 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. LARRY
01/18/1989 BLAIR 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED LT. JAMES
01/18/1989 FULTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. DAVID
01/18/1989 HARRINGTON
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. LARRY
01/18/1989 KIMBALL 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED BERTY CLINE
01/18/1989 011389
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. GARY
01/19/1989 SELTZER 011889
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED LINDA JONES
01/19/1989 011789
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
01/19/1989 KENNETH CASTRO
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET STAN HAYES
01/19/1989 011889
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. GEORGE
01/19/1989 CONNER 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH JAMES
01/23/1989 TUTSOCK 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH JACELYN
01/23/1989 REAMS 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH MADELYN
01/23/1989 LUZIER 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT H N HICKOK
01/23/1989 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH VIRGINIA
01/23/1989 CASEY 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFF. ROBBIN
01/23/1989 HINESLEY 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER MARK
01/23/1989 MILLER 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER GEORGE
01/23/1989 POTTER 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED DR PEARSON
01/23/1989 CLACK 011989 - SUB
01/26/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT PATRICK
01/26/1989 GRIFFIN 012489
02/06/1989 SUPPLEMENTAL LIST OW WITNESSES
02/07/1989 NOTICE OF TAKING DEPOSITION(S)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET BJ
02/13/1989 SULLIVAN 2-9-89
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET P SUTTON
02/13/1989 2-9-89
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH M LUZIER
02/13/1989 2-9-89
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH J REAMS
02/13/1989 2-09-89
02/14/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. BOB
02/14/1989 STANTON 021089
02/23/1989 STIP. & ORDER FOR CONT. TO 041789 FOR TRIAL WST
02/24/1989 PD - SUBPOENA FOR DEPOSITION SERVED RENA LAMPHER
02/24/1989 022189
03/01/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
03/02/1989 MOTION & ORDER TO PAY HATIN CRT REPORTING $120.00
03/02/1989 , FILED
03/02/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING
03/02/1989 $562.25 FILED
03/02/1989 ORDER APPOINTING EXPERT & ORDER TO TRANSPORT
03/07/1989 PETITION AND ORDER FOR COSTS/PAY HATIN COURT
03/07/1989 REPORTING $500.25
03/09/1989 MEMO-AUTHORIZATION TO REVIEW TAPES TO T HOCKETT
03/09/1989 FROM D DENNEY
03/09/1989 NOTICE OF TAKING DEPOSITION
03/16/1989 ORDER TO TRANSPORT
03/17/1989 AMENDED STIPULATION AND ORDER FOR COURT REPORTER
03/20/1989 DA - SUBPOENA FOR DEPOSITION SERVED DET B J
03/20/1989 SULLIVAN 031489
03/20/1989 DA - SUBPOENA FOR DEPOSITION SERVED SGT. BOB
03/20/1989 STANTON 031489
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/23/1989 NOTICE OF TAKING DEPOSITION(S)
03/23/1989 DA - SUBPOENA FOR DEPOSITION NOT SERVED RENA
03/23/1989 LAMPHER 032089
03/28/1989 ORDER ON STATES MOTION FOR COSTS/PAY HATIN COURT
03/28/1989 REPORTING $143.20
03/28/1989 ORDER ON STATES MOTION FOR COSTS/PAY HATIN COURT
03/28/1989 REPORTING $38.40
03/29/1989 PETITION AND ORDER FOR COSTS/PAY TOBEY HOCKETT
03/29/1989 $78.00
03/29/1989 MOTION TO APPOINT EXPERT
03/29/1989 ORDER APPOINTING EXPERT
04/03/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING
04/03/1989 $175.50 FILED
04/03/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING
04/03/1989 $164.50 FILED
04/05/1989 DA - SUBPOENA FOR DEPOSITION SERVED DET. BRENDA
04/05/1989 REDDEN 033089
04/10/1989 NOTICE OF TAKING DEPOSITION(S)
04/11/1989 STIP. & ORDER FOR CONT. TO 061289 FOR TRIAL WST
04/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. BRENDA
04/18/1989 REDDEN 041489
04/24/1989 CERTIFICATE OF NON ATTENDANCE
05/09/1989 STIP. & ORDER FOR CONT. TO 082189 FOR TRIAL WST
05/12/1989 MOTION & ORDER FOR DEPO COSTS - PAY $89.60 HATIN
05/12/1989 CT REPORTING
05/16/1989 MOTION & ORDER FOR DEPO COSTS - PAY HATIN COURT
05/16/1989 REPORTING $41.60
07/27/1989 NOTICE OF TAKING DEPOSITION(S)
07/31/1989 NOTICE OF TAKING DEPOSITION(S)
08/03/1989 DA - SUBPOENA FOR DEPOSITION SERVED OFFICER BRENDA
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/03/1989 REDDEN
08/08/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
08/17/1989 MOTION TO SUPPRESS STATEMENTS ADMISSIONS OR
08/17/1989 CONFESSIONS
08/17/1989 MOTION TO SUPPRESS PHYSICAL EVIDENCE
08/18/1989 STIP. & ORDER FOR CONT. TO 092589 FOR TRIAL
08/23/1989 SUPPLEMENTAL LIST OF PERSONS W/INFORMATION
08/23/1989 RELEVANT TO OFFENSE
08/28/1989 NOTICE OF TAKING DEPOSITION(S)
08/30/1989 NOTICE OF TAKING DEPOSITION(S)
09/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED PTL WILDTRAUT
09/01/1989 083089
09/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED PTL ZAVOS
09/01/1989 083089
09/07/1989 STIP. & ORDER FOR CONT. TO 112789 FOR TRIAL WST
09/07/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
09/14/1989 NOTICE OF INTENTION TO RELY UPON THE DEFENSE OF
09/14/1989 INSANITY
09/19/1989 NOTICE OF HEARING FOR 101089
09/25/1989 DEFENDANT'S WITNESS LIST FILED
09/26/1989 PETITION & ORDER TO PAY NORTON CAMERA & VIDEO
09/26/1989 $3.62 FILED
09/26/1989 PETITION & ORDER TO PAY TOBEY C. HOCKETT $78.00
09/26/1989 FILED
09/26/1989 PETITION & ORDER TO PAY TOBEY HOCKETT $194.35
09/26/1989 FILED
10/02/1989 PETITION & ORDER TO PAY ACCURATE REPORTERS, INC
10/02/1989 $130 FILED
10/06/1989 PETITION & ORDER TO PAY ACCURATE CRT REPORTERS
10/06/1989 $130.00 FILED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/09/1989 NOTICE OF TAKING DEPOSITION(S)
10/09/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
10/13/1989 SUBPOENA FOR DEPOSITION SERVED OFFICER WILDTRAUT
10/23/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
10/24/1989 CERTIFICATION FOR PAYMENT OF EXPERT WITNESSES
10/24/1989 COSTS
10/26/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
10/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED LEONARD
10/27/1989 DREIBELBIS 090789
10/27/1989 NOTICE OF TAKING DEPOSITION(S)
10/27/1989 NOTICE OF TAKING DEPOSITION(S)
10/27/1989 MOTION & ORDER TO PAY HATIN COURT REPORTING $15.20
10/27/1989 , FILED
11/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET KORICH
11/01/1989 103089
11/01/1989 PD - SUBPOENA FOR DEPOSITION NOT SERVED DET C
11/01/1989 LACERTOSA
11/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED RENA LAMPHER
11/01/1989 103189
11/02/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING $77.25
11/02/1989 FILED
11/08/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER M
11/08/1989 MILLER 110389
11/08/1989 PD - SUBPOENA FOR DEPOSITION SERVED J C HANLON EMT
11/08/1989 PD - SUBPOENA FOR DEPOSITION NOT SERVED R PETERSON
11/08/1989 EMT
11/14/1989 COURT APPEARANCE RECORD PREPARED BY CLERK:
11/14/1989 CANCELED
11/15/1989 STIP. & ORDER FOR CONT. TO 012290 FOR TRIAL
11/16/1989 NOTICE OF TAKING DEPOSITION(S)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
11/16/1989 NOTICE OF TAKING DEPOSITION(S)
11/16/1989 NOTICE OF TAKING DEPOSITION(S)
11/17/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
11/21/1989 PD - SUBPOENA FOR DEPOSITION SERVED GORDON JOLLY
11/21/1989 112189
11/22/1989 PETITION & ORDER TO PAY ALDERSON CRT REPORTING
11/22/1989 $196.95 FILED
11/22/1989 PETITION & ORDER TO PAY SMART CORPORATION $12.26
11/22/1989 FILED
11/22/1989 PETITION & ORDER TO PAY ACCURATE CRT REPORTING
11/22/1989 $130.00 FILED
11/22/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT, LACERTOSA
11/22/1989 112089
11/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. KORICH
11/27/1989 112089
11/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
11/27/1989 WILDTRAUT 112189
11/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED J.C. HANLON
11/27/1989 EMT 112189
11/27/1989 PD - SUBPOENA FOR DEPOSITION NOT SERVED R.
11/27/1989 PETERSON EMT 112189
12/13/1989 NOTICE OF TAKING DEPOSITION(S)
12/18/1989 PETITION & ORDER TO PAY NORTON CAMERA SHOP $100.02
12/18/1989 FILED
12/18/1989 PETITION AND ORDER FOR COSTS/PAY HATIN COURT
12/18/1989 REPORTING $106.75
12/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
12/19/1989 WILDTRAUT 121689
12/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
12/19/1989 LACERTOSA 121589
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
12/21/1989 PD - SUBPOENA FOR DEPOSITION SERVED GORDON JOLLY
12/21/1989 121589
01/03/1990 NOTICE OF TAKING DEPOSITION(S)
01/05/1990 MOTION & ORDER TO PAY HATIN CRT REPORTING $21.60 ,
01/05/1990 FILED
01/09/1990 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
01/09/1990 WILDTRAUT 010690
01/09/1990 PD - SUBPOENA FOR DEPOSITION SERVED J C HANLON
01/09/1990 010590
01/12/1990 PD - SUBPOENA FOR DEPOSITION SERVED OFF LACERTOSA
01/12/1990 010890
01/16/1990 NOTICE OF TAKING DEPOSITION(S)
01/19/1990 NOTICE OF TAKING DEPOSITION(S)
01/22/1990 STIP. & ORDER FOR CONT. TO 040290 FOR TRIAL WST
01/26/1990 PETITION & ORDER TO PAY HATIN COURT REPORTING
01/26/1990 $51.75 FILED
01/26/1990 PETITION & ORDER TO PAY CROSSROADS TRAVEL $240.00
01/26/1990 FILED
01/29/1990 PD - SUBPOENA FOR DEPOSITION SERVED T.J. BROOM,
01/29/1990 EMT 012490
01/29/1990 PD - SUBPOENA FOR DEPOSITION SERVED KATHY GARCIA
01/29/1990 012490
01/29/1990 MOTION & ORDER FOR DEPO COSTS PAY HATIN COURT
01/29/1990 REPORTING $12.80
01/30/1990 PETITION & ORDER TO PAY HATIN COURT REPORTING
01/30/1990 $66.25 FILED
02/06/1990 CERTIFICATION FOR PAYMENT OF EXPERT WITNESSES COST
02/07/1990 STATE'S RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
02/08/1990 MOTION FOR EXAMINATION OF DEFENDANT PURSUANT TO
02/08/1990 FLA R CRIM P 3.216 & 3.210
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/09/1990 SUPPLEMENTAL STATE'S RESPONSE TO DEFENSE DEMAND
02/09/1990 FOR DISCOVERY
02/13/1990 NOTICE OF HEARING FOR 021690 MOT FOR EXAM OF DEF,
02/16/1990 MOTION AND ORDER TO PAY HATIN COURT REPORTING
02/16/1990 12.00 FILED
02/16/1990 COURT APPEARANCE RECORD PREPARED BY CLERK:
02/16/1990 SA MOTION FOR EXAM OF DEF: GRANTED, SA TO DO ORDER
02/16/1990 ADDENDUM TO MOTION FOR EXAM PURSUANT TO FL R.
02/16/1990 CRIMINAL 3.216 AND 3.210
02/19/1990 MOTION TO TRANSPORT FOR MEDICAL TEST, EXHIBIT A
02/19/1990 ORDER TO TRANSPORT FOR MEDICAL TEST
02/28/1990 STIP FOR CONT & WAIVER SPEEDY TRIAL TO 061190 T.D.
03/01/1990 MOTION AND ORDER FILED TO PAY HATIN COURT REPORT-
03/01/1990 ING 35.20
03/01/1990 PETITION AND ORDER FILED TO PAY HATIN COURT
03/01/1990 REPORTING 93.88
03/01/1990 PETITION AND ORDER FILED TO PAY HATIN COURT
03/01/1990 REPORTING 172.00
03/01/1990 PETITION AND ORDER FILED TO PAY HATIN COURT
03/01/1990 REPORTING 128.75
03/02/1990 NOTICE OF HEARING FOR 041290
03/06/1990 LETTER TO JUDGE BLUE FROM PUBLIC DEFENDERS OFFICE
03/06/1990 RE: ORDER FOR EXAMINATION
03/06/1990 ORDER & MOTION TO APPOINTMENT OF EXPERTS
03/08/1990 ORDER ON STATE'S MOTION FOR APPOINTMENT OF EXPERTS
03/08/1990 GRANTED
03/09/1990 PD-NOTICE OF TAKING DEPOSITION W/ATTACHMENT
03/09/1990 PD-NOTICE OF TAKING DEPOSITION W/ATTACHMENT
03/09/1990 PD-NOTICE OF TAKING DEPOSITION W/ATTACHMENT
03/09/1990 PD-NOTICE OF TAKING DEPOSITION W/ATTACHMENT
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/12/1990 AFFIDAVIT OF JANN HATIN RE: DEPOSITION OF DET
03/12/1990 DAVID HARRINGTON
03/14/1990 MOTION AND ORDER TO PAY HATIN COURT REPORTING
03/14/1990 38.40 FILED
03/14/1990 MOTION AND ORDER TO PAY HATIN COURT REPORTING
03/14/1990 33.60 FILED
03/20/1990 MOTION & ORDER FOR COSTS TO DR. SIDNEY MERIN
03/20/1990 EXPERT WITNESS $450.00
03/22/1990 AMENDED ORDER TO TRANSPORT FOR MEDICAL TEST
03/29/1990 AMENDED ORDER TO TRANSPORT FOR MEDICAL TEST
04/09/1990 AMENDED MOT TO SUPPRESS PHYSICAL EVID W/ATTACH
04/12/1990 AMENDED ORDER TO TRANSPORT FOR MEDICAL TEST
04/17/1990 ORDER & STIP TO CONTINUE MOTIONS
04/17/1990 AMENDED DA NOTICE OF HEARING 052990 & 053090
05/01/1990 PD-SUBP FOR DEPO SERVED LARRY PRESLEY 042590
05/01/1990 PD-SUBP FOR DEPO SERVED CHRIS FIEDLER 042590
05/01/1990 PD-SUBP FOR DEPO SERVED JOSEPH ERRARA 042590
05/01/1990 PD-SUBP FOR DEPO SERVED PAUL BENNETT 042590
05/10/1990 SA-WITNESS SUBP FOR HEAR SERVED DET SUTTON 050990
05/11/1990 MOTION AND ORDER TO PAY AAA TRAVEL AGENCY 198.00
05/11/1990 FILED
05/11/1990 MOTION AND ORDER TO PAY DENNIS NALES 402.73 FILED
05/11/1990 SA-WITNESS SUBP FOR HEAR SERVED DET KORICH 051090
05/11/1990 SA-WITNESS SUBP FOR HEAR SERVED DET SULLIVAN 050990
05/11/1990 SA-WITNESS SUBP FOR HEAR SERVED DET CASTRO 051090
05/11/1990 DA-SUBP FOR HEARING SERVED OFF WILDTRAUT 051190
05/11/1990 DA-SUBP FOR HEARING SERVED OFF CASTRO SPD,0501090
05/11/1990 DA-SUBP FOR HEARING SERVED TECH CASEY,SPD 050990
05/11/1990 DA-SUBP FOR HEARING SERVED DET LACERTOSA 051090
05/11/1990 DA-SUBP FOR HEARING SERVED DET REDDEN, SPD 050990
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/11/1990 DA-SUBP FOR HEARING SERVED OFF ZAVOS,SPD 051090
05/11/1990 DA-SUBP FOR HEARING SERVED DET SUTTON,SPD 051090
05/17/1990 SECOND AMENDED MOTION TO SUPPRESS PHYSICAL EVID
05/17/1990 DA SECOND AMENDED NOTICE OF HEARING 052990
05/17/1990 PETITION FOR RULE TO SHOW CAUSE W/ATTACHMENTS
05/17/1990 ORDER TO SHOW CAUSE
05/22/1990 MOT FOR STATEMENT OF PARTICULARS
05/22/1990 MOT TO DISMISS O.S.C.
05/23/1990 WITNESS SUBPOENA FOR HEARING, DET LACERTOSA
05/23/1990 WITNESS SUBPOENA FOR HEARING, DET KIMBALL
05/25/1990 PD-SUB FOR HEARING-CPL HERSHEL FUESTON-SERVED
05/25/1990 PD-SUB FOR HEARING-JOYCE CASH-SERVED
05/29/1990 LIST OF WITNESSES
05/29/1990 EVIDENCE RECORD
05/29/1990 COURTS EXHIBITS A-D, DEF. EXHIBITS 1A
05/29/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: D/A
05/29/1990 SECOND AMENDED MOTION TO SUPPRESS PHYSICAL EVIDENC
05/29/1990 TAKEN UNDER ADVISEMENT, CASE SET TRIAL 7-23-90 9AM
05/30/1990 STIP AND ORDER FOR CONT TO 072390 TRIAL WST
05/31/1990 PD-SUB FOR HEARING-MADELYN LUZIER-UNSERVED
06/01/1990 CASE EVIDENCE LISTING VERIFICATION REPORT
06/07/1990 SUPPLEMENTAL STATE'S RESPONSE TO DEFENSE DEMAND
06/07/1990 FOR DISCOVERY
06/08/1990 NOTICE OF HEARING FOR 061590
06/12/1990 MOTION TO RESERVE RULING ON DEFENDANTS SECOND
06/12/1990 AMENDED MOTION TO SUPPRESS PHYSICAL EVIDENCE
06/12/1990 AMENDED MOTION TO SUPPRESS STATEMENTS, ADMISSIONS
06/12/1990 OR CONFESSIONS
06/15/1990 MOTION AND ORDER TO PAY DR SIDNEY MERIN 200.00
06/19/1990 NOTICE OF HEARING FOR 070990
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/21/1990 ORDER FOR CONTINUANCE TO 082790 TRIAL
06/22/1990 MOTION TO RESERVED RULING ON DEF SECOND AMENDED
06/22/1990 MOTION TO SUPPRESS PHYSICAL EVIDENCE-ORDER RULING
06/22/1990 DENIED
06/27/1990 PETITION FOR REHEARING
07/09/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: SA
07/09/1990 PETITION FOR RULE TO SHOW CAUSE CONTINUED UNTIL
07/09/1990 EXAMS ARE TAKEN BY DOCTOR; DEF TO COMPLY, DEF ATTY
07/09/1990 TO BE PRESENT AT EXAMS
07/10/1990 MOTION AND ORDER TO PAY ALDERSON REPORTING $178.50
07/17/1990 PD-AMENDED PETITION FOR REHEARING
07/18/1990 MOTION AND ORDER TO PAY ALDERSON REPORTING $231.06
07/27/1990 NOTICE OF HEARING FOR 082090 & 082190
07/27/1990 ORDER DENYING PETITION FOR REHEARING
08/02/1990 NOTICE OF HEARING FOR 082090
08/02/1990 MOT TO STRIKE DEF'S NOTICE OF INTENT TO RELY UPON THE DEFENSE OF INSANITY
08/08/1990 ORDER FOR CONTINUANCE TO 110590 TRIAL WST
08/10/1990 MOTION & ORDER TO PAY DR DANIEL J SPREHE $1000.00
08/15/1990 WITNESS SUBPOENA FOR HRG
08/16/1990 SA-WITNESS SUB FOR HEARING N/SERVED DET P SUTTON
08/16/1990 SPD 081490
08/16/1990 SA-WITNESS SUB FOR HEARING SERVED DET J SAPP SPD
08/16/1990 081690
08/16/1990 SA-WITNESS SUB FOR HEARING SERVED SGT R STANTON
08/16/1990 SPD 081690
08/16/1990 PD-SUB FOR HEARING SERVED CAPT R BATEY SPD 081490
08/16/1990 PD-SUB FOR HEARING SERVE DET B SULLIVAN SPD 081390
08/16/1990 PD-SUB FOR HEARING N/SERVE DET P SUTTON SPD 081390
08/16/1990 PD-SUB FOR HEARING SERVED DET J SAPP SPD 081390
08/16/1990 PD-SUB FOR HEARING SERVED SGT B STANTON SPD 081590
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/16/1990 DA NOTICE OF HEARING 082090
08/16/1990 DA MOTION TO APPOINT EXPERT
08/17/1990 PD-SUBP FOR HEARING SERVED DEBORAH SCOTT 081690
08/17/1990 PD-SUBP FOR TRIAL SERVED CINDY LOWERY 081690
08/17/1990 PD-SUBP FOR TRIAL SERVED DENISE LAGASSE 081690
08/17/1990 PD-SUBP FOR HEARING SERVED ROSE TOMKINSON 081790
08/20/1990 PD-SUBP FOR HEARING SERVED SGT LACERTOSA 081790
08/20/1990 SA-WITNESS SUBP FOR HEAR SERVED DET CASTRO 081690
08/20/1990 SA-WITNESS SUB FOR HEAR SERVED DET SULLIVAN 081590
08/20/1990 SA MOT TO STRIKE DEFS NOTICE OF INTENT TO RELY
08/20/1990 UPON THE DEFENSE OF INSANITY
08/20/1990 PD-SUBP FOR HEAR SERVED MAUREEN MAUCHER 081790
08/20/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: P/D
08/20/1990 MOTION TO APPT EXPERT WITNESS DR. RICHARD OFSHE-
08/20/1990 GRANTED, P/D MOTION TO SUPPRESS & OTHER PENDING
08/20/1990 MOTIONS CONTINUED TO 1016-17-1890 @ 9AM ALL WITNESSES
08/20/1990 CONTINUE ON SUBPOENAS, EXPERT WITNESS REPORT TO BE
08/20/1990 MADE AVAILABLE TO STATE BY 091490
08/21/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: P/D
08/21/1990 MOTION TO STRIKE-NOT HEARD
08/21/1990 ORDER APPOINTING EXPERT
08/21/1990 ORDER TO TRANSCRIBE HEARING
08/21/1990 ORDER CONTINUING DEFS AMENDED MOTION TO SUPPRESS
08/21/1990 STATEMENTS ADMISSIONS OR CONFESSIONS
08/22/1990 P/D SUB FOR HEARING SERVED DEF R KORICH SPD 082090
08/27/1990 MOTION TO AMEND ORDER TO APPOINT EXPERT
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET CASTRO 082290
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET SULLIVAN 082290
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET SUTTON 082490
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET SAPP,SPD 082490
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/29/1990 SA-WITNESS SUB FOR HEAR SERVED SGT STANTON 082890
08/30/1990 NOTICE OF HEARING FOR 083190
09/07/1990 P/D NOTICE OF TAKING DEPOSITION
09/11/1990 PD-SUBP FOR HEARING SERVED DET KORICH,SPD 091090
09/11/1990 DEFENDANT'S SUPPLEMENTAL WITNESS LIST
09/11/1990 AMENDED ORDER APPOINTING EXPERT W/ATTACHMENT
09/12/1990 PD SUB FOR HEARING SERVED DET P SUTTON SPD 091190
09/18/1990 SA-SUBP FOR DEPO SERVED DR WALTER AFIELD 091390
09/19/1990 ORDER FOR DEFENDANT TO COOPERATE WITH COURT-
09/19/1990 APPOINTED EXPERTS
09/20/1990 DEF MOTION IN LIMINE (#1) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS
09/20/1990 DEF MOTION IN LIMINE (#2) TO PRECLUDE PROSECUTORIAL
09/20/1990 QUESTIONING AND ARGUMENT ON ANY ATTEMPT BY THE DEF
09/20/1990 TO EXERCISE HIS RIGHT TO REMAIN SILENT
09/20/1990 DEF MOTION IN LIMINE (#3) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL REMARKS AND ARGUMENT CONCERNING THE
09/20/1990 JURORS' OBLIGATIONS
09/20/1990 DEF MOTION IN LIMINE (#4) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENT DURING ANY
09/20/1990 PHASE OF THIS TRIAL BEFORE THE JURY CHARACTERIZING
09/20/1990 OR ATTACKING DEFENSE COUNSEL
09/20/1990 DEF MOTION IN LIMINE (#5) TO PRECLUDE ANY PROSECU-
09/20/1990 TORIAL ARGUMENT OR STATEMENTS DURING ALL PHASES
09/20/1990 OF THE TRIAL WITH RESPECT TO THE FAILURE OF THE
09/20/1990 DEFENSE TO PRODUCE A WITNESS OR ANY WITNESSES
09/20/1990 DEF MOTION IN LIMINE (#6) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS ABOUT THE
09/20/1990 DEF FAILURE TO TESTIFY IF HE DECIDES TO EXERCISE
09/20/1990 THAT RIGHT
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/20/1990 DEF MOTION IN LIMINE (#7) TO PRECLUDE ANY INDIRECT
09/20/1990 COMMENTS ON THE DEF EXERCISING HIS RIGHT TO REMAIN
09/20/1990 SILENT DURING ANY PHASE OF THE TRIAL
09/20/1990 DEF MOTION IN LIMINE (#8) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS ELICITING
09/20/1990 SYMPATHY FOR THE VICTIM OR VICTIM'S FAMILY
09/20/1990 DEF MOTION IN LIMINE (#9) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS AS TO FACTS
09/20/1990 NOT IN EVIDENCE
09/20/1990 DEF MOTION IN LIMINE (#10) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS CONCERNING
09/20/1990 ANY INFLAMMATORY DESCRIPTION OF THE DEF OR THE
09/20/1990 CRIME
09/20/1990 DEF MOTION IN LIMINE (#11) TO PRECLUDE PROSECUTOR-
09/20/1990 IAL COMMENTS OR REFERENCE TO THE APPELLATE PROCESS
09/20/1990 OF THE STATE OF FLORIDA OR THE FEDERAL COURT SYS-
09/20/1990 TEM
09/20/1990 DEF MOTION IN LIMINE (#12) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS ATTACKING
09/20/1990 DEFENSE WITNESSES
09/20/1990 DEF MOTION IN LIMINE (#13) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGURMENTS WHICH
09/20/1990 ATTEMPT TO IMPROPERLY BOLSTER STATE'S WITNESSES
09/20/1990 DEF MOTION IN LIMINE (#14) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENT INDICATING
09/20/1990 THAT THE PROSECUTOR OR PROSECUTOR'S OFFICE BELIEVE
09/20/1990 IN THE GUILTY OF THE DEF
09/20/1990 DEF MOTION IN LIMINE (#15) TO PRECLUDE THE PROSE-
09/20/1990 CUTOR FROM MAKING ANY IMPROPER COMMENT DEMEANING A
09/20/1990 RECOGNIZED DEFENSE, SUCH AS INSANITY OR INTOXICA-
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/20/1990 TION
09/20/1990 DEF MOTION IN LIMINE (#16) TO PRECLUDE THE PROSE-
09/20/1990 CUTOR FROM DEMEANING ANY POSSIBLE LESSER INCLUDED
09/20/1990 OFFENSES IN THIS CASE
09/20/1990 DEF MOTION IN LIMINE (#17) TO PRECLUDE ANY COMMENT
09/20/1990 BY THE PROSECUTION CONCERNING ANY DISCUSSIONS OF
09/20/1990 COMMUNITY FEELINGS ABOUT THE CRIMES IN THIS CAUSE
09/20/1990 OR ABOUT SENDING A MESSAGE TO THE COMMUNITY
09/20/1990 DEF MOTION IN LIMINE (#18) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL ARGUMENT DEALING WITH GOLDEN RULE
09/20/1990 DEF MOTION IN LIMINE (#19) TO PRECLUDE THE PROSE-
09/20/1990 CUTION FROM ATTACKING THE DEF RACE
09/20/1990 DEF MOTION IN LIMINE (#20) TO PRECLUDE THE PROSE-
09/20/1990 CUTION FROM MAKING ANY COMMENT AS TO THE LACK OF
09/20/1990 REMORSE OF THE DEF
09/20/1990 DEF MOTION IN LIMINE (#21) TO PRECLUDE ANY COMMENT
09/20/1990 BY THE PROSECUTION AS TO THE DEF GUILT
09/20/1990 DEF MOTION IN LIMINE (#22) TO PRECLUDE THE PROSE-
09/20/1990 CUTION FROM MAKING STATEMENTS CONCERNING THE CRED-
09/20/1990 IBILITY OF ANY WITNESS
09/28/1990 DEF'S SUPPLEMENTAL WITNESS LIST FOR MOTION TO
09/28/1990 SUPPRESS HEARING 1016,1017 & 101890
10/11/1990 STIP AND ORDER FOR CONT TO TRIAL ON 121790 WST
10/16/1990 SA-NOTICE OF TAKING DEPOSITION
10/17/1990 NOTICE OF HEARING/DA MOTION TO TAKE DEPOSITION TO
10/17/1990 PERPETUATE TESTIMONY W/ATTACHMENTS
10/18/1990 COURT APPEARANCE RECORD PREPARED BY CLERK-DA MOTION
10/18/1990 TO TAKE DEPO-DENIED
10/18/1990 PETITION & ORDER TO PAY SCRIPT SERVICES $344.75
10/18/1990 PETITION & ORDER TO PAY SCRIPT SERVICES $285.25
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/18/1990 MOTION & ORDER TO PAY DR SIDNEY MERIN $950.00
10/18/1990 PETITION & ORDER TO PAY SCRIPT SERVICES $266.00
10/19/1990 MOTION & ORDER TO PAY NEUROPSYCHIATRIAC INSTITUTE
10/19/1990 $1,800.00
10/23/1990 SA-NOTICE OF TAKING DEPOSITION
10/31/1990 ORDER ON MOTION TO TAKE DEPOSITION TO PERPETUATE
10/31/1990 TESTIMONY
10/31/1990 ORDER FOR PAYMENT OF COSTS TO MARY SCHULTZ $25.00
11/01/1990 MOTION AND ORDER TO PAY M MUSETTA & ASSOC $365.75
11/07/1990 JOINT STIP FOR COURT REPORTER, ORDER ON JOINT STIP
11/09/1990 STIP AND ORDER FOR CONTINUANCE TO 012891 TRIAL WST
11/09/1990 MOTION & ORDER TO PAY DAVID W DENNEY,SAO $393.00
11/09/1990 MOTION & ORDER TO PAY COPYMAT $37.66
12/07/1990 MOT & ORDER TO PAY NEUROPSYCHIATRIC INST $150.00
12/10/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: SA
12/10/1990 MOTION TO QUASH SUBP FOR DEPO GRANTED, DA MOTION
12/10/1990 TO TAKE SECOND DEPOS DENIED
01/14/1991 MOTION & ORDER TO PAY DR RICHARD OFSHE $3,062.50
01/14/1991 MOTION & ORDER TO PAY COMBS & GREENLEY,INC $683.25
01/14/1991 MOTION & ORDER TO PAY COMBS & GREENLEY $1,229.00
01/15/1991 SA-WITNESS SUBP SERVED DET B STANTON,SPD 011191
01/15/1991 SA-WITNESS SUBP SERVED DET P SUTTON,SPD 011091
01/18/1991 SA-WITNESS SUBP SERVED DET K CASTRO,SPD 011091
01/24/1991 SA-WITNESS SUBP SERVED DET B SULLIVAN,SPD 011891
01/24/1991 SA-WITNESS SUBP SERVED DET J SAPP,SPD 011891
01/25/1991 STIP AND ORDER FOR CONT TO TRIAL ON 030491 WST
01/25/1991 ORDER SETTING ALL PENDING MOTIONS FOR 013091,
01/25/1991 013191 & 020191 @ 9:30 AM COURTROOM "F" BEFORE
01/25/1991 JUDGE SILVERTOOTH
01/28/1991 PD-SUBP FOR HEARING SERVED DENISE LAGASSE 012591
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/28/1991 PD-SUBP FOR HEARING SERVED CINDY LOWERY 012591
01/28/1991 PD-SUBP FOR HEARING SERVED RICHARD WATSON 012591
01/28/1991 PD-SUBP FOR HEAR N/SERVED SGT STANTON,SPD 012591
01/28/1991 PD-SUBP FOR HEAR SERVED SGT LACERTOSA,SPD 012591
01/28/1991 PD-SUBP FOR HEARING SERVED DET P SUTTON,SPD 012591
01/28/1991 SA-WITNESS SUBP SERVED DET R STANTON,SPD 012591
01/28/1991 SA-WITNESS SUBP SERVED DET P SUTTON,SPD 012491
01/29/1991 PD-SUBP FOR HEAR SERVED ROSE TOMKINSON,SSO 012891
01/29/1991 PD-SUBP FOR HEAR SERVED MAUREEN MAUCHER,SSO 012891
01/29/1991 SA-WITNESS SUBP SERVED DET K CASTRO,SPD 012591
01/30/1991 PD-SUBP FOR HEARING SERVED DEBORAH SCOTT 012891
01/30/1991 TRANSCRIPT OF HEARING 5/29/1990
01/31/1991 SA-NOTICE OF FILING DEPOSITION
01/31/1991 DEPOSITION OF RICHARD J OFSHE TAKEN 110990 AND
01/31/1991 111090, 2 VOLUMES
02/01/1991 SA-WITNESS SUBP SERVED DET J SAPP,SPD 012591
02/01/1991 SA-WITNESS SUBP SERVED DET B SULLIVAN,SPD 012591
02/01/1991 PD-SUBP FOR HEARING SERVED DET KORICH,SPD 012891
02/01/1991 PD-SUBP FOR HEARING SERVED CPT R BATEY,SPD 012491
02/01/1991 PD-SUBP FOR HEARING SERVED DET SULLIVAN,SPD 013191
02/01/1991 PD-SUBP FOR HEARING SERVED DET J SAPP,SPD 013191
02/04/1991 PD-NOTICE OF FILING DEPOSITION
02/04/1991 DEPO OF SGT ROBERT STANTON TAKEN 020289
02/04/1991 DEPO OF SGT ROBERT STANTON TAKEN 032189
02/04/1991 DEPO OF DET B J SULLIVAN TAKEN 032189
02/04/1991 DEPO OF DET PAUL SUTTON TAKEN 022789
02/04/1991 DEPO OF DET BRENDA REDDEN TAKEN 080889
02/04/1991 DEPO OF DR WALTER AFIELD TAKEN 092190
02/06/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
02/11/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/11/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $750.00
02/13/1991 STIP & ORDER CONT TD 040891
02/13/1991 PD-NOTICE OF TAKING DEPOSITION
02/18/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
02/18/1991 PD-NOTICE OF TAKING DEPOSITION
02/19/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1600.00
02/19/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1375.00
02/22/1991 NOTICE OF HEARING-MOTION TO APPOINT EXPERT 02/25
02/22/1991 AT 9:30AM
02/25/1991 EVIDENCE RECORDS-COURT,STATE & DEFENSE
02/25/1991 CLERKS MOTION NOTES
02/25/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: MOTION
02/25/1991 TO SUPPRESS: TAKEN UNDER ADVISEMENT
02/25/1991 DEFENDANT'S AMENDED WITNESS LIST
03/01/1991 ORDER DENYING MOTION TO SUPPRESS STATEMENTS,
03/01/1991 ADMISSIONS, CONFESSIONS
03/01/1991 ORDER SETTING CASE FOR TRIAL TO BEGIN MAY 28 THRU
03/01/1991 JUNE 7,1991 BEFORE JUDGE G.SMITH
03/01/1991 PD-SUBP FOR HEARING SERVED DET B REDDEN,SPD 013091
03/01/1991 PD-SUBP FOR HEARING SERVED ROB GROEB,ASA 012591
03/01/1991 PD-SUBP FOR HEARING SERVED CHARLES MCMILLAN 012591
03/04/1991 NOTICE OF HEARING 030791
03/05/1991 BINDER - STATE'S MEMORANDUM OF LAW
03/05/1991 BINDER - CASES CITED IN MOTION TO SUPPRESS HEARING
03/05/1991 PD-MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S
03/05/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
03/05/1991 FESSIONS
03/05/1991 PSYCHOLOGICAL REPORT
03/05/1991 LETTER FROM DR D SPREHE TO JUDGE OWENS
03/05/1991 LETTER FROM T HOCKETT TO JUDGE SILVERTOOTH
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/08/1991 MOTION TO AMEND ORDER DENYING DEFENDENTS MOTION TO
03/08/1991 SUPPRESS STATEMENTS ADMISSIONS OR CONFESSIONS
03/08/1991 PETITION FOR REHEARING ON DEFENDANTS AMENDED MOT.
03/08/1991 TO SUPPRESS STATEMENTS, ADMISSIONS OR CONFESSIONS
03/08/1991 AND MOTION TO COMPEL DISCOVERY
03/12/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1,750.00
03/14/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1,500.00
03/19/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $1,150.00
03/20/1991 STIP AND ORDER FOR CONT TO TRIAL ON 5/13/91
03/25/1991 DEMAND FOR SPEEDY TRIAL
03/25/1991 EXCERPTS OF HEARING 1/30/1991 AND 2/1/1991
03/27/1991 NOTICE OF HEARING: 03/28/91 CALENDAR CALL
03/27/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISC.
03/27/1991 EXCERPT OF HEARING 2/1/1991
03/28/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA
03/28/1991 ORAL MOTION TO CONTINUE 88-3202F INTO MAY DENIED,
03/28/1991 JUDGE TO PREPARE ORDER SETTING CASES FOR TRIAL
03/28/1991 ORDER SETTING CASES FOR TRIAL ON 042291
03/28/1991 SA NOTICE OF HEARING FOR 040191-MOTION TO COMPEL/
03/28/1991 MOTION TO PERPETUATE TESTIMONY
03/29/1991 TRANSCRIPT OF HEARING ON 032891
04/01/1991 ORDER FILED IN OPEN COURT COMPELLING DR AFIELD TO
04/01/1991 COMPLETE HIS EXAMINATION OF E. JOHNSON
04/01/1991 AFFIDAVIT IN SUPPORT OF MOTION TO PERPETUATE
04/01/1991 TESTIMONY
04/01/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: S/A
04/01/1991 MOTION TO COMPEL-GRANTED, DR AFIELD IS TO COMPLETE
04/01/1991 HIS EXAMINATION BY 041591, S/A MOTION TO PERPETUATE
04/01/1991 TESTIMONY-GRANTED
04/01/1991 AMENDED PETITION FOR REHEARING ON DEFENDANTS AMEND
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/01/1991 ED MOTION TO SUPPRESS STATEMENTS ADMISSIONS OR
04/01/1991 CONFESSIONS AND MOTION TO COMPEL DISCOVERY
04/02/1991 NOTICE OF HEARING FOR 04/05/91 WITH JUDGE SILVER-
04/02/1991 TOOTH
04/03/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/03/1991 SA-SUB FOR TRIAL SERVED T.J. BROOM,SFD 040291
04/03/1991 SA-SUB FOR TRIAL SERVED J.C. HANLON,SFD 040291
04/03/1991 SA-SUB FOR TRIAL SERVED LINDA JONES 040291
04/03/1991 SA-SUB FOR TRIAL N/SERVED R PETERSON,SFD 040291
04/04/1991 LETTER FROM E. MORELAND TO TOBEY W/ATTACHED STATES
04/04/1991 RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
04/04/1991 NOTICE OF HEARING FOR 04/05/91
04/04/1991 MOTION TO SET EXAMINATION
04/04/1991 NOT OF TAKING DEPOSITION
04/04/1991 SA-SUB FOR TRIAL SERVED RENA LAMPHER 040391
04/04/1991 SA-SUB FOR TRIAL N/SERVED BRIDGETTE CHAPMAN 040391
04/04/1991 SA-SUB FOR TRIAL SERVED MADELYN LUZIER 040391
04/04/1991 SA-SUB FOR TRIAL SERVED W PEARSON CLACK, MD 040391
04/04/1991 SA-SUB FOR TRIAL SERVED BERTY CLINE 040391
04/05/1991 EVIDENCE RECORD FOR MOTION ON 040591
04/05/1991 NOT. OF HEARING 04/17&18
04/05/1991 MOTION TO REDACT TAPE CONFESSION
04/05/1991 SA-SUB FOR TRIAL SERVED SGT B STANTON,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED OFF R HINESLEY,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED OFF G POTTER,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED SGT G SELZER,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED DET G CONNER,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED SGT HARRINGTON,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED CPT D BLOUGH,SPD 040491
04/05/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: SA
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/05/1991 MOTION TO SET EXAMINATION GRANTED, JUDGE HOWEVER
04/05/1991 DOES NOT EXPECT EXAM TO BE DONE ON SAT OR SUN,
04/05/1991 040691 OR 040791; SA ORAL MOTION TO BE PRESENT AT
04/05/1991 THAT EXAMINATION GRANTED
04/05/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA
04/05/1991 AMENDED PETITION FOR REHEARING ON DEF'S AMENDED
04/05/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
04/05/1991 FESSIONS DENIED - JUDGE ASKS FOR ORDER; MOTION TO
04/05/1991 COMPEL DENIED; MOTION TO AMEND ORDER DENYING DEF'S
04/05/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
04/05/1991 FESSIONS DENIED
04/08/1991 SA-SUB FOR TRIAL SERVED CPT RON BATY,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED LT J FULTON,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED DET J SAPP,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED OFF M MILLER,SPD 040591
04/08/1991 SA-SUB FOR TRIAL SERVED DET B SULLIVAN,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED SGT P GRIFFIN,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED LT A HOGLE,SPD 040391
04/08/1991 SA-SUB FOR TRIAL SERVED DET L BLAIR,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED DET R KORICH,SPD 040491
04/09/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/09/1991 SA-SUB FOR TRIAL SERVED DET S HAYES,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED DET LACERTOSA,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED OFF K CASTRO,SPD 040491
04/09/1991 SA-SUB FOR TRIAL SERVED SGT H HICKOK,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED TECH J REAMS,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED DET P SUTTON,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED PROP OFFICER,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED DET G JANKINS,SPD 040491
04/09/1991 SA-SUB FOR TRIAL SERVED TECH M ZAGORSKI,SSO 040591
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/09/1991 SA-SUB FOR TRIAL SERVED DET L KIMBALL,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED TECH J TUTSOCK,SPD 040891
04/10/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $1,400.00
04/10/1991 SA-SUB FOR TRIAL SERVED MJR R JOLLY,SPD 040891
04/10/1991 SA-SUB FOR TRIAL SERVED DET B REDDEN,SPD 040491
04/11/1991 NOTICE OF HEARING 041191
04/11/1991 MOTION TO DISQUALIFY JUDGE
04/11/1991 SA-SUB FOR TRIAL SERVED OFF PRESTIA,SPD 041091
04/11/1991 MOTION RECORD FILED BY CLERK: S/A MOTION TO ADVANCE
04/11/1991 CASE ON TRIAL DOCKET-TAKEN UNDER ADVISEMENT
04/11/1991 MOTION RECORD FILED BY CLERK: D/A MOTION TO DIS-
04/11/1991 QUALIFY JUDGE-TAKEN UNDER ADVISEMENT
04/11/1991 COPY OF MOTION FOR INTERSTATE EXTRADITION OF WIT.
04/11/1991 ORDER ON MOTION FOR EXTRADITION OF WITNESS
04/11/1991 CERTIFICATION OF MOTION FOR EXTRADITION
04/11/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/11/1991 NOTICE OF HEARING
04/11/1991 MOT TO ADVANCE CASE ON TRIAL DKT & SET TRIAL ORDER
04/11/1991 ORDER FOR PAYMENT OF COSTS
04/11/1991 MOTION FOR COSTS
04/12/1991 SA-SUB FOR TRIAL SERVED VIRGINIA CASEY 040891
04/12/1991 SA-SUB FOR TRIAL SERVED NADINE GARBER,SPD 041091
04/12/1991 SA-SUB FOR TRIAL SERVED OFF CHURCHILL,SPD 041091
04/12/1991 SA-SUB FOR TRIAL SERVED DET BEECHER,SPD 041091
04/12/1991 SA-SUB FOR TRIAL SERVED OFF HARDEE,SPD 041291
04/12/1991 LETTER TO JUDGE FROM STATE ATTORNEY
04/12/1991 ORDER OF COMMISSION
04/12/1991 MOTION FOR EXPENSES
04/12/1991 MOTION TO HAVE DEFENDANT TRANSPORTED AND TO EXCLUDE
04/12/1991 THE STATE ATTORNEY'S OFFICE FROM BEING PRESENT
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/12/1991 DURING EXAMINATION OF DEFENDANT
04/12/1991 DEFENDANT'S MOTION IN LIMINE (#23) TO PRECLUDE TES
04/12/1991 TIMONY REGARDING ALLEGED SEMEN OR SPERM FOUND IN-
04/12/1991 SIDE THE VICTIM
04/12/1991 MOTION FOR CHANGE OF VENUE
04/12/1991 NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 ORDER
04/12/1991 NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 S/A NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 MOTION IN LIMINE
04/12/1991 S/A NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 MOTION IN LIMINE
04/15/1991 ORDER ON MOTION TO ADVANCE CASE ON TRIAL DOCKET
04/15/1991 ORDER ON MOTION TO DISQUALIFY
04/16/1991 S/A NOTICE OF HEARING FOR 041691
04/16/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: ON SA'S
04/16/1991 AFFIDAVIT/PETITION FOR RULE TO SHOW CAUSE, COURT
04/16/1991 ORDERS DR AFIELD APPEAR IN COURT 041891 @ 10 AM
04/16/1991 AFFIDAVIT/PETITION FOR RULE TO SHOW CAUSE
04/16/1991 ORDER ON RULE TO SHOW CAUSE
04/16/1991 NOTICE OF HEARING FOR 041791 & 041891
04/16/1991 MOTION FOR CONSOLIDATION
04/16/1991 SA-SUB FOR TRIAL SERVED OFF PANICHELLO,SPD 041591
04/16/1991 ORDER ( COPY OF ORDER FILED IN OPEN COURT ON 4/1/91 )
04/17/1991 MOTION & ORDER TO PAY TOUCH OF ART GALLERY $58.68
04/17/1991 MOTION & ORDER TO PAY SPEEDY PHOTO $246.35
04/17/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA
04/17/1991 ORAL MOTION TO SET TRIAL DATE CERTAIN DENIED
04/18/1991 ORDER-STATE IS PERMITTED TO REDACT TAPE CONFESSION
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/18/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/18/1991 SA-SUB FOR TRIAL SERVED OFF J DENIRO,SPD 041591
04/18/1991 SA-SUB FOR TRIAL SERVED DET SOWDER,SPD 041591
04/19/1991 DEPOSITION OF DR DANIEL SPREHE, M.D. TAKEN 041691
04/19/1991 SA-NOTICE OF TAKING DEPOSITION
04/19/1991 AMENDED INFO FILED CT#1 ARMED BURGLARY
04/19/1991 CERTIFICATE OF SERVICE-AMENDED INFO-ISSUED
04/22/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1,125.00
04/22/1991 ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS
04/22/1991 STATEMENTS, ADMISSIONS OR CONFESSIONS
04/22/1991 CASE EVIDENCE CHECK-BACK RECEIPT FOR EXHIBIT(S)
04/22/1991 ORDER DENYING DEF'S PETITION FOR REHEARING ON
04/22/1991 DEF'S AMENDED MOTION TO SUPPRESS STATEMENTS, AD-
04/22/1991 MISSIONS OR CONFESSIONS, MOTION TO COMPEL DISCOV-
04/22/1991 ERY, AND MOTION FOR AMENDED ORDER DENYING DEF'S
04/22/1991 AMENDED MOTION TO SUPPRESS STATEMENTS, ADMISSIONS
04/22/1991 OR CONFESSIONS
04/22/1991 LETTER FROM T HOCKETT TO JUDGE SILVERTOOTH
04/22/1991 ORDER ON DEF'S MOTION TO AMEND ORDER DENYING DEF'S
04/22/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
04/22/1991 FESSIONS (UNSIGNED)
04/22/1991 ORDER ON DEF'S AMENDED PETITION FOR REHEARING ON
04/22/1991 DEF'S AMENDED MOTION TO SUPPRESS STATEMENTS, AD-
04/22/1991 MISSIONS OR CONFESSIONS AND MOTION TO COMPEL DIS-
04/22/1991 COVERY (UNSIGNED)
04/24/1991 ORDER (ON COMPETENCY)
04/26/1991 ORDER ON DEF'S MOTION TO TRANSPORT DEF TO DR
04/26/1991 AFIELD'S OFFICE & TO EXCLUDE THE STATE FROM ATTEN-
04/26/1991 DING - DENIED
04/26/1991 ORDER ON DEF'S MOTION FOR DR OFSHE'S EXPENSES -
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/26/1991 GRANTED (REASONABLE EXPENSE)
04/29/1991 MOTION & ORDER TO PAY THE REPORTERS GROUP $327.75
04/29/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $1,150.00
04/30/1991 MOTION TO SEQUESTER THE JURY DURING TRIAL
04/30/1991 SUPPLEMENTAL STATE'S RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
05/01/1991 WITHDRAWAL OF INSANITY DEFENSE
05/01/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/01/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/01/1991 ORDER FINDING DEFENDANT COMPETENT TO PROCEED WITH
05/01/1991 TRIAL ON 042991
05/02/1991 COURT APPEARANCE RECORD:TO BE ARRAIGNED-DEFENSE
05/02/1991 WAIVES FORMAL READING, MOTION TO CONSOLIDATE
05/06/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/06/1991 MOTION & ORDER TO PAY PATRICK BAKER $150.00
05/06/1991 MOTION & ORDER TO PAY PATRICK BAKER $337.50
05/06/1991 MOTION & ORDER TO PAY HATIN COURT REPORTING $79.00
05/06/1991 MOTION & ORDER TO PAY DR GREGORY DECLUE $100.00
05/06/1991 COPY OF JURY SEATING CHART (3 PAGES)
05/06/1991 MOTION RECORD PREPARED BY CLERK: 043091 MOTION TO
05/06/1991 SEQUESTER JURY DURING TRIAL-DENIED, MOTION TO CONT
05/06/1991 RESERVED RULING, MOTION TO CONSOLIDATE-RESERVED
05/06/1991 RULING, 050191 MOTION FOR CONT-RESERVED RULING,
05/06/1991 MOTION TO CONSOLIDATE-RESERVED RULING, MOTION TO
05/06/1991 CHALLENGE TO PANEL-DENIED, 050291 MOTION TO CONSOL
05/06/1991 IDATE-RESERVED RULING, 050691 D/A MOTION TO COMPEL
05/06/1991 GRANTED (W/IN 5 DAYS), D/A MOTION TO COMPEL NOTES-
05/06/1991 GRANTED, NOTES ARE TO BE PROVIDED W/IN 5 DAYS OR
05/06/1991 JUDGE WILL NOT ALLOW MR BENNETT AS A WITNESS, D/A
05/06/1991 RENEWS MOTION TO SEQUESTER JURY-DENIED
05/13/1991 SA-NOTICE OF TAKING DEPOSITION
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/13/1991 DEFENDANT'S AMENDED WITNESS LIST
05/13/1991 PD-WITNESS SUB FOR TRIAL SERVED TIM FOWLER 051391
05/13/1991 MOTION AND ORDER TO PAY PATRICK BAKER $337.50
05/13/1991 MOTION AND ORDER TO PAY PATRICK BAKER $337.50
05/14/1991 SA-SUB FOR TRIAL SERVED SHEILA MAYS 051391
05/14/1991 MOTION IN LIMINE AS TO HAIR COMPARISON EVIDENCE
05/14/1991 MOTION IN LIMINE AS TO FIBER COMPARISON EVIDENCE
05/15/1991 MOTION TO APPOINT EXPERT WITNESS IN THE FEILD OF
05/15/1991 HAIR AND FIBER ANALYSIS
05/15/1991 NOTICE OF HEARING FOR 051691
05/15/1991 MOTION FOR DISCHARGE
05/15/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/15/1991 AMENDED SUPP STATE'S RESPONSE TO DEFENSE DEMAND
05/15/1991 FOR DISCOVERY
05/15/1991 MOTION & ORDER TO PAY DR ROBERT STEELE $300.00
05/15/1991 MOTION & ORDER TO PAY DIANE MILLER & ASSOC $24.00
05/16/1991 PET & ORDER TO PAY DIANE MILLER & ASSOC $93.00
05/16/1991 MOTION & ORDER TO PAY KATHARINE H PRATT $148.10
05/16/1991 DEFENDANT'S AMENDED WITNESS LIST
05/16/1991 MOTION & ORDER TO PAY PATRICK BAKER $525.00
05/17/1991 NOTICE OF HEARING, 5/20/91 MOTION
05/17/1991 MOTION TO SUPPRESS PHYSICAL EVIDENCE
05/17/1991 WITNESS SUBPOENA SERVED TECHNICIAN J. REAMS
05/20/1991 MOTION & ORDER TO PAY DR DANIEL J SPREHE $1,250.00
05/21/1991 AMENDED DEFENDANT'S WITNESS LIST (PENALTY PHASE)
05/21/1991 PD-WITNESS SUB FOR TRIAL SERVED SGT SELZER,SPD
05/21/1991 052191
05/21/1991 PD-WITNESS SUB FOR TRIAL SERVED DET CONNER,SPD
05/21/1991 052191
05/21/1991 PD-WITNESS SUB FOR TRIAL SERVED SGT R STANTON,SPD
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/21/1991 051791
05/23/1991 SECOND AMENDED DEFENDANT'S WITNESS LIST (PENALTY
05/23/1991 PHASE)
05/23/1991 PD-NOTICE OF TAKING DEPOSITION
05/23/1991 MOTION & ORDER TO PAY NORTON CAMERA & VIDEO $16.50
05/23/1991 MOTION & ORDER TO PAY PATRICK BAKER $375.00
05/23/1991 MOTION & ORDER TO PAY PATRICK BAKER $75.00
05/23/1991 MOTION & ORDER TO PAY BLUE LINE, INC $17.12
05/24/1991 DEPOSITION OF DANIEL A PRESTIA, JR TAKEN 051791
05/24/1991 DEPOSITION OF WILLIAM WORLINE TAKEN 051791
05/24/1991 VERDICT-GUILTY OF ARMED BURGLARY AS CHARGED
05/24/1991 COPY OF JURY INSTRUCTIONS
05/24/1991 COURT APPEARANCE RECORD: DEF FOUND GUILTY BY JURY
05/24/1991 DEF IS TO REMAIN IN CUSTODY PENDING SENTENCING ON
05/24/1991 TUES 052891 AT 1PM
05/24/1991 MOTION RECORD: D/A MOTION FOR CONTACT VISIT-RESERVED
05/24/1991 AT THIS TIME
05/24/1991 TRIAL RECORD PREPARED BY CLERK: JUDGE A OWENS,
05/24/1991 STATE ATTY E MORELAND/D DENNEY/D NALES, DEF ATTY
05/24/1991 E METCALFE/T HOCKETT/A TEBRUGGE, CT RPTR B PUTNAM,
05/24/1991 CLERK K BILLINGSLEY, JURY SWORN 052091 AT 10:50 AM
05/24/1991 STATE WITNESS SWORN 052091 BERTY CLINE, OFC MARK
05/24/1991 MILLER, OFC JACK SAPP, SGT DAVID HARRINGTON, WIT-
05/24/1991 NESSES SWORN 052191 JOCELYN REAMS, MADELYN LUZIER,
05/24/1991 VIRGINIA CASEY-ID DEF, SGT HOWARD HICKOK-ID DEF,
05/24/1991 LEONARD P DREIBELBIS, WITNESSES SWORN 052291 PAUL
05/24/1991 BENNETT FBI, VIRGINIA CASEY (RECALLED), DEF BJ
05/24/1991 SULLIVAN-ID DEF, WILLIAM WORLINE, OFC DANIAL
05/24/1991 PRESTIA, DEF PAU SUTTON-ID DEF, SGT ROBERT STANTON
05/24/1991 ID DEF, WITNESS SWORN 052391 DR WILLIAM CLACK,
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/24/1991 DEFENSE WITNESSES SWORN ROBERT KOPEC, OFC KENNETH
05/24/1991 CASTRO, DET GORDON SOWDER, SGT GARY SELZER, DET
05/24/1991 GEORGE CONNOR, TECH JAMES TUTSOCK, JOCELYN REAMS,
05/24/1991 PRETRIAL MOTIONS-D/A MOTION FOR DISCHARGE-DENIED,
05/24/1991 D/A MOTION TO SUPPRESS PHYSICAL EVIDENCE-DENIED,
05/24/1991 D/A MOTION IN LIMINE AS TO SEMEN FOUND IN VICTIM-
05/24/1991 RESERVED AT THIS TIME, RICHARDSON HEARING (REF:
05/24/1991 PHOTO) HELD, D/A ORAL MOTION FOR CHANGE OF VENUE-
05/24/1991 DENIED, D/A RENEWS ITS MOTION TO SUPPRESS-DENIED,
05/24/1991 D/A MOTION (RENEWS) ITS MOTION TO SUPPRESS PHYSICAL
05/24/1991 EVIDENCE-DENIED, D/A MOTION FOR MISTRIAL-DENIED,
05/24/1991 D/A RENEWS ITS MOTION TO SUPPRESS ADMISSIONS,
05/24/1991 STATEMENTS AND CONFESSIONS-DENIED, D/A MOTION FOR
05/24/1991 MISTRIAL-DENIED, D/A MOTION TO JUDGMENT OF ACQUIT-
05/24/1991 TAL-DENIED AS TO BOTH COUNTS, D/A RENEWS MOTION
05/24/1991 FOR JUDGMENT OF ACQUITTAL-DENIED AS TO BOTH COUNTS
05/24/1991 D/A MOTION FOR MISTRIAL-DENIED, JURY INSTRUCTIONS
05/24/1991 FILED, SIGNED VERDICT RECEIVED, JURY POLLED
05/28/1991 MOTION RECORD: D/A MOTION FOR CONTACT VISIT-GRANT
05/28/1991 ORDER TO FOLLOW, LT LINCH SWORN FOR STATE
05/28/1991 ORDER FOR CONTACT VISIT
05/29/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/29/1991 PD-SUB DUCES TECUM SERVED J TUTSOCK, SPD 052091
05/29/1991 PD-WITNESS SUB SERVED TECH J REAMS,SPD 052091
05/29/1991 PD-SUB DUCES TECUM SERVED TECH J REAMS,SPD 052091
05/29/1991 PD-WITNESS SUB SERVED DET SOWDER,SPD 052191
05/29/1991 PD-WITNESS SUB SERVED OFF K CASTRO,SPD 052291
05/29/1991 PD-WITNES SUB SERVED DET KIMBALL,SPD 052191
05/29/1991 PD-SUB DUCES TECUM SERVED NADINE GARBER,SPD 051791
05/29/1991 PD-WITNESS SUB SERVED TECH J TUTSOCK,SPD 051791
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/29/1991 PD-WITNESS SUB N/SERVED OFF R KORICH,SPD 051791
05/30/1991 EVIDENCE RECORDS #'S 446, 448, 449, 314, 315
05/30/1991 EVIDENCE RECORDS #'S 450, 394, 395
05/30/1991 EVIDENCE RECORDS #'S 390, 391, 392, 393
05/30/1991 PROPERTY RECORD #113069, #113069 (DUP), #113071,
05/30/1991 #113072, #113073, #113073 (DUP), #113076, #113077,
05/30/1991 #113080, #113082, #113359
05/31/1991 DA MOTION FOR NEW TRIAL
06/03/1991 PD-WITNESS SUB SERVED RENA LAMPHER 051791
06/03/1991 PD-WITNESS SUB SERVED TIM FOWLER 051791
06/03/1991 PD-SUB DUCES TECUM FOR TRIAL SERVED KAREN RUSHING,
06/03/1991 CLERK OF CIRCUIT COURT 051791
06/03/1991 PD-WITNESS SUB SERVED KENNETH JOHNSON 052891
06/03/1991 PD-WITNESS SUB SERVED ROBERT HOLIDAY 051791
06/03/1991 MOTION & ORDER TO PAY THE REPORTERS GROUP $327.75
06/11/1991 JUDGMENT RECORDED BK 2304 PG 978, 979
06/17/1991 CASE EVIDENCE CHECK OUT/RECEIPT FOR EXHIBITS
06/17/1991 MOTION & ORDER TO PAY PATRICK BAKER $225.00
06/17/1991 MOT & ORDER TO PAY NORTON CAMERA & VIDEO $210.00
06/19/1991 NOTICE OF HEARING 061991 REF: MOTION FOR NEW TRIAL
06/19/1991 COURT APPEARANCE RECORD: DA MOTION FOR NEW TRIAL
06/19/1991 TAKEN UNDER ADVISEMENT
06/20/1991 REOPENED FOR SENTENCING
06/20/1991 ORDER ON DEFENDANT'S MOTION FOR NEW TRIAL--DENIED
06/24/1991 MOTION & ORDER TO PAY DIPLOMAT TAXI $10.80
06/27/1991 WAIVER OF PRESENTENCE INVESTIGATION
06/27/1991 C.C.'S OF COURT MINUTES & INFO. FROM ORANGE CO.
06/27/1991 SENTENCING HEARING RECORD: PAM COLEMAN SWORN AS
06/27/1991 STATE WITNESS; DA AMENDED MOTION FOR NEW TRIAL
06/27/1991 (88-3200F & 88-3438F) DENIED, DA MOTION TO PRODUCE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/27/1991 SENTENCING GUIDELINES GRANTED, DA MOTION TO STRIKE
06/27/1991 PRE-SENTENCE INVESTIGATION - MOOT, DA MOVES TO
06/27/1991 WAIVE PRE-SENTENCE INVESTIGATIONS ON ALL REMAINING
06/27/1991 CASES
06/28/1991 COURT APPEARANCE RECORD: LIFE FSP W/CTS OF 966
06/28/1991 DAYS TO RUN CONSEC TO 88-3438F,88-3246F & 88-3202F
06/28/1991 COURT STIPS UPWARD DEPARTURE, COURT COSTS AND ATTY
06/28/1991 FEES WAIVED. SENTENCED BY A D OWENS
06/28/1991 ORDER (SUPPORTING DEPARTURE SENTENCE)
06/28/1991 CLERKS NOTES AT SENTENCING
06/28/1991 CLERKS NOTES AT SENTENCING
06/28/1991 CASE EVIDENCE CHECK-BACK RECEIPT FOR EXHIBIT(S)
06/28/1991 UNIFORM COMMITMENT TO CUSTODY OF DEPARTMENT OF CORRECTIONS
06/28/1991 SENTENCE AND SPECIAL PROVISIONS
07/02/1991 JUDGMENT (AMENDED NUNC PRO TUNC TO 052491 TO RE-
07/02/1991 FLECT CORRECT CHARGE) RECORDED BK 2310 PG 902, 903
07/03/1991 MOTION & ORDER TO PAY DIANE MILLER & ASSOC COURT
07/03/1991 REPORTERS $328.00
07/11/1991 AFFIDAVIT OF INSOLVENCY FOR PURPOSE OF APPEAL W/
07/11/1991 ORDER
07/19/1991 NOTICE OF APPEAL
07/19/1991 DESIGNATION TO COURT REPORTER
07/19/1991 WRITTEN DIRECTIONS TO COURT CLERK
07/19/1991 STATEMENT OF JUDICIAL ACTS TO BE REVIEWED
07/30/1991 MOTION & ORDER TO PAY DR SIDNEY J MERIN $3,500.00
07/30/1991 MOTION & ORDER TO PAY VIKING VIDEO $175.00
07/30/1991 MOTION & ORDER TO PAY VIKING VIDEO $175.00
07/30/1991 AMENDED DESIGNATION OF COURT REPORTER
08/07/1991 LETTER FROM CLERK TO DCA RE: ORDER OF INSOLVENCY
08/19/1991 LETTER FROM SUPREME CT RE: EXTENSION OF TIME
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/19/1991 FOR CLERK & RECORDER W/INSTRUCTIONS TO CLERK
08/22/1991 PHONE CONVERSATION RECORD
11/04/1991 DESIGNATION OF PD TENTH JUDICIAL CIRCUIT FOR
11/04/1991 HANDLING OF APPEAL
11/14/1991 LETTER FROM CLERK TO SUPREME CT RE: REQUEST FOR
11/14/1991 EXTENSION OF 1 WEEK
11/22/1991 ORDER GRANTING CONT FROM SUPREME CT TO 12/02/91
11/25/1991 MOTION & ORDER FOR PAYMENT TO PAY DR MICHAEL S
11/25/1991 MAHER $960.00
11/27/1991 CASE EVIDENCE CHECK OUT RECEIPT FOR EXHIBITS
12/04/1991 INDEX & COVERSHEET SENT TO SUPREME CT W/48 VOLS
12/04/1991 OF APPEAL RECORD- SENT FEDERAL EXPRESS
12/04/1991 CASE EVIDENCE CHECK OUT RECEIPT FOR EXHIBITS
12/09/1991 ORDER GRANTING CONT FROM SUPREME CT TO 12/06/91
10/25/1995 MANDATE & OPINION RET.FROM SUPREME CT OF FLORIDA
10/25/1995 FOR APPEAL 78,336 AFFIRMED ISSUED 07/13/95 FINAL
10/25/1995 10/23/95 (ACK)
10/25/1995 ORDER FROM SUPREME CT.OF FLORIDA FOR APPEAL 78,336
10/25/1995 APPELLANT'S MOTION FOR REHEARING IS HEREBY DENIED
10/25/1995 09/22/95 (ACK)
01/27/1997 ORDER OF THE COURT SUPREME COURT OF FLORIDA
01/27/1997 03/10/97 (ACK)
03/24/1997 COVER LETTER FROM OFFICE OF CAPITAL COLLATERAL
03/24/1997 REPRESENTATIVE DATED 3-21-97 (3-25/MDM)
03/24/1997 NOTICE OF FILING (3-25/MDM)
03/24/1997 C:LETTER TO ATTY GENERAL ROBERT BUTTERWORTH FROM
03/24/1997 PAUL MANN, CCR INVESTIGATOR, DATED 3-21-97
03/24/1997 (3-25/MDM)
03/24/1997 C:LETTER TO HARRY SINGLETARY, D.O.C., FROM PAUL
03/24/1997 MANN, CCR INVESTIGATOR, DATED 3-21-97 (3-25/MDM)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/24/1997 C:LETTER TO ROSE PONDER, FDLE, FROM PAUL MANN, CCR
03/24/1997 INVESTIGATOR, DATED 3-21-97 (3-25/MDM)
03/24/1997 C:LETTER TO GEOFFREY MONGE, SSO, FROM PAUL MANN,
03/24/1997 CCR INVESTIGATOR, DATED 3-21-97 (3-25/MDM)
03/24/1997 C:LETTER TO JOHN LEWIS, SPD, FROM PAUL MANN, CCR
03/24/1997 INVESTIGATOR, DATED 3-21-97 (3-25/MDM)
03/24/1997 C:LETTER TO STEVE MARONEY, FDLE, FROM PAUL MANN,
03/24/1997 CCR INVESTIGATOR, DATED 3-21-97 (3-25/MDM)
03/24/1997 C:LETTER TO PEARSON CLACK, MD, MEDICAL EXAMINER,
03/24/1997 FROM PAUL MANN, CCR INVESTIGATOR, DATED 3-21-97
03/24/1997 (3-25/MDM)
03/24/1997 C:LETTER TO EARL MORELAND, SAO, FROM PAUL MANN,
03/24/1997 CCR INVESTIGATOR, DATED 3-21-97 (3-25/MDM)
05/15/1997 (CITY OF SARASOTA) OBJECTION TO REQUEST FOR
05/15/1997 PRODUCTION OF PUBLIC RECORDS, OR IN ALTERNATIVE,
05/15/1997 MOTION FOR PROTECTIVE ORDER W/ATTACHMENT (5-21/MDM
05/19/1997 STATE ATTORNEY'S RESPONSE TO REQUEST FOR
05/19/1997 PRODUCTION AND NOTICE OF OBJECTIONS
06/10/1997 ORDER OF THE SUPREME COURT OF FLORIDA MOT. TO TOLL
06/10/1997 TIME IS GRANTED UNTIL 090197 06/17/97 (ACK)
06/08/1998 LETTER TO KAREN RUSHING FROM JOHN MOSER, CAPITAL
06/08/1998 COLLATERAL REGIONAL COUNSEL-MIDDLE RE: FILING OF
06/08/1998 ORIG DEF'S NOTICE OF FL SUPREME COURT ORDER
06/08/1998 061098/LAV
06/08/1998 DEF'S NOTICE OF FL SUPREME COURT ORDER W/ATTACHMNT
06/08/1998 061098/LAV
07/01/1998 CORRESPONDENCE TO CLERK FROM OFFICE OF CAPITAL COLLATERAL
07/01/1998 NOTICE OF FLORIDA SUPREME COURT ORDER
07/02/1998 LETTER W/ATTACHMENTS TO BE INCLUDED IN THE NOTICE
07/02/1998 OF FLORIDA SUPREME COURT ORDER FROM CAPITAL COLL.
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
07/02/1998 REG.COUNSEL MIDDLE REGION 07/06/98 (ACK)
04/16/1999 LETTER FROM CAPITAL COLLATERAL COUNSEL AS TO
04/16/1999 NOTICE OF APPEARANCE
04/16/1999 NOTICE OF APPEARANCE FILED BY MARK GRUBER 0416MF
08/16/1999 LETTER TO CLERK FROM MARK GRUBER
08/16/1999 NOTICE OF TELEPHONIC HEARING
08/31/1999 ORDER THAT DEFENDANT HAS 60 DAYS TO FILE ANY SUPPLEMENTAL
08/31/1999 RECORDS REQUESTS
10/28/1999 NOTICE OF FILING GM
10/28/1999 CORRESPONDENCE TO CLERK FROM OFFICE OF CAPITAL COLLATERAL
11/03/1999 CORRESPONDENCE TO CLERK FROM OFFICE OF CAPITAL COLLATERAL
11/05/1999 NOTICE OF FILING; MM
12/20/1999 DEPARTMENT OF CORRECTIONS OBJECTION TO DEFENDANT'S REQUEST
12/20/1999 FOR ADDITIONAL RECORDS
12/20/1999 RESPONSE TO REQUEST FOR PRODUCTION
02/04/2000 NOTICE OF FILING OF RECORDS WITH RESPOSITORY
02/04/2000 CORRESPONDENCE TO CLERK FROM OFFICE OF CAPITAL COLLATERAL
02/04/2000 NOTICE OF FILING
02/14/2000 LETTER TO CLERK FROM MARK GRUBER, CAPITAL COLLATERAL
02/14/2000 REGIONAL COUNSEL LV
02/14/2000 DEFENDANT'S NOTICE OF FILING W/ATTACHMENTS LV
02/29/2000 MOTION HEARING 2000-03-13 15:00 N / 5C OWENS, ANDREW D
02/29/2000 NOTICE OF HEARING / CR
03/10/2000 RESPONSE TO REQUEST FOR PRODUCTION OF PUBLIC RECORDS TH
03/10/2000 RESPONSE TO REQUEST FOR PRODUCTION OF PUBLIC RECORDS
05/17/2000 COVER LETTER TO CLERK
05/17/2000 NOTICE OF FILING
05/17/2000 COPY OF LETTER TO SARASOTA CITY POLICE FROM LAW OFFICE OF THE
05/17/2000 CAPITAL COLLATERAL REGIONAL COUNSEL MIDDLE REGION
05/22/2000 AFFIDAVIT OF COUNSEL
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/22/2000 MOTION FOR ORDER AUTHORIZING RELEASE OF PUBLIC RECORDS
06/05/2000 RESPONSE TO REQUEST FOR PRODUCTION OF PUBLIC RECORDS/JE
01/01/2002 CONVERSION: CONVERTED IMAGES, DATES SHOWN ON DOCUMENTS (1 OF 2)
01/01/2002 MOTION TO APPOINT EXPERT ( SEE IMAGE WITHIN CONVERTED DOCKET IMAGES FOR 1/1/2002 )
01/01/2002 MOT TO STRIKE DEF'S NOT OF INTENT TO RELY UPON THE DEFENSE OF INSANITY ( SEE IMAGE WITHIN CONVERTED DOCKET IMAGES FOR 1/1/2002 )
01/01/2002 MEMORANDUM OF LAW ( SEE IMAGE WITHIN CONVERTED DOCKET IMAGES FOR 1/1/2002 )
01/01/2002 CASE LAW ( SEE IMAGES WITHIN CONVERTED DOCKET IMAGES FOR 1/1/2002 )
01/01/2002 CASE LAW ( SEE IMAGES WITHIN CONVERTED DOCKET IMAGES FOR 1/1/2002 )
01/01/2002 CONVERSION: CONVERTED IMAGES, DATES SHOWN ON DOCUMENTS (2 OF 2)
02/14/2002 ORDER ON STATUS CONFERENCE (RM
02/19/2002 ORDER ON STATUS CONFERENCE (RM
03/04/2002 COVER LETTER FROM MARK S. GRUBER OF CAPITAL COLLATERAL (RM
03/04/2002 MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE (AS
03/04/2002 AMENDED) WITH SPECIAL REQUEST FOR LEAVE TO AMEND (RM
03/04/2002 VERIFICATION FROM DEFENDANT (RM
03/04/2002 APPENDIX FOR MOTION TO VACATE (RM
03/04/2002 REOPENED FOR POST CONVICTION RELIEF 1
03/28/2002 ** CONVERTED EVENT HISTORY AS OF 03/28/2002 **
DATE/TIME TYPE LOCATION JUDGE
-------------------------------------------------------
03/13/2000 15:00 CMOT N OWENS, ANDREW D
04/26/2002 MOTION
05/13/2002 CORRESPONDENCE
05/13/2002 NOTICE-OF FILING
06/19/2002 MOTION
06/24/2002 ORDER SCHEDULING HEARING
06/25/2002 ORDER SCHEDULING HEARING
06/27/2002 COURT EVENT SET
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
EVENT: CRIMINAL - MOTION HEARING
DATE: 07/29/2002 TIME: 3:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
07/22/2002 NOTICE OF FILING BRIEFS
07/22/2002 TRANSCRIPT WITH ATTACHMENTS
07/29/2002 TRIAL/ MOTION RECORD
08/12/2002 MEMORANDUM
08/12/2002 CORRESPONDENCE
12/05/2002 ORDER SETTING STATUS CONFERENCE
12/06/2002 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 12/05/2002 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
12/18/2002 CORRESPONDENCE
12/18/2002 RESPONSE - CRIMINAL - TO STATE'S MOTION FOR REHEARING
01/15/2003 CORRESPONDENCE
01/15/2003 CORRESPONDENCE
01/16/2003 CORRESPONDENCE
01/16/2003 NOTICE OF FILING AFFIDAVIT
01/16/2003 AFFIDAVIT
01/23/2003 MOTION - AMENDED - AMENDED DESIGNATIONS OF PRO SE CLAIMS ADOPTED BY COUNSEL
01/23/2003 CORRESPONDENCE
03/25/2003 MOTION TO CLARIFY
04/02/2003 ORDER SCHEDULING HEARING
04/10/2003 TRIAL/ MOTION RECORD
04/16/2003 ORDER FOLLOWING STATUS CONFERENCE;ORDER CONCERNING STATES MOTION TO CLARIFY
06/10/2003 APPEAL - ORDER SC03-848
06/10/2003 ORDER FOR ENLARGEMENT OF TIME
08/18/2003 SECOND MOTION TO VACATE JDGMNT OF CONVICTION/SENTENCE (AS AMENDED)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
W/SPECIAL REQUEST FOR LEAVE TO AMEND W/ATTACHMENTS
08/18/2003 MEMORANDUM OF LAW IN SUPPORT OF CLAIMS UNDER RING V AZ.
08/18/2003 NOTICE OF INTENT TO FILE VERIFICATIONS BY SEPT. 15, 2003
08/18/2003 CORRESPONDENCE TO CLERK'S OFF. FROM MARK S. GRUBER-ASSIST. CCC RE:MOTIONS/NOTICES FOR FILING
08/29/2003 CORRESPONDENCE FROM MARK S. GRUBER-ASSIST. CCC RE:DOCUMENTS FOR FILING
08/29/2003 AMENDED MEMORANDUM OF LAW IN SUPPORT OF CLAIMS UNDER RING V AZ
08/29/2003 NOTICE - AMENDED OF INTENT TO FILE VERIFICATIONS BY SEPT. 15, 03
09/15/2003 MOTION - AMENDED TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND
09/15/2003 CORRESPONDENCE
11/06/2003 CORRESPONDENCE
11/06/2003 ORDER SCHEDULING HEARING
11/06/2003 PARTY CHARGE RE-OPENED
CHARGE #1: BURGL-DWELLING STRUCTURE OR CONVEYANCE ARMED
11/12/2003 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 11/24/2003 TIME: 11:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
RESULT: HEARING HEARD (CRIMINAL)
11/24/2003 APPEARANCE RECORD
11/24/2003 PARTY CHARGE DISPOSED
12/02/2003 ORDER
12/23/2003 ADDENDUM TO MOTION - AMENDED WITH ATTACHMENT
12/23/2003 CORRESPONDENCE
03/22/2004 CORRESPONDENCE
03/22/2004 CORRESPONDENCE - COMPLAINT
04/09/2004 CORRESPONDENCE
06/18/2004 ORDER FOR ENLARGEMENT OF TIME
09/29/2004 STATE'S RESPONSE TO MOTION TO VACATE JDGMNT OF CONVICTION/SENTENCE (AS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
AMENDED) W/SPECIAL REQUEST FOR LEAVE TO AMEND W/ATTACHMENTS
03/07/2005 ORDER SETTING STATUS CONFERENCE
03/09/2005 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/23/2005 TIME: 11:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: ENTERED IN ERROR (CIVIL INFRACTION)
03/09/2005 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/23/2005 TIME: 1:30 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: CANCELLED (CRIMINAL)
03/23/2005 APPEARANCE RECORD
03/29/2005 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 03/23/2005 AT 1:30 PM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
07/28/2005 ORDER SETTING STATUS CONFERENCE
08/02/2005 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 08/16/2005 TIME: 1:30 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: CANCELLED (CRIMINAL)
08/04/2005 ORDER
08/05/2005 PARTY CHARGE RE-OPENED
CHARGE #1: BURGL-DWELLING STRUCTURE OR CONVEYANCE ARMED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/08/2005 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 08/16/2005 AT 1:30 PM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
08/08/2005 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 09/21/2005 TIME: 9:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: HEARING HEARD (CRIMINAL)
08/19/2005 CORRESPONDENCE
09/12/2005 ORDER SCHEDULING HEARING
09/15/2005 CORRESPONDENCE FROM ATTORNEY MARK GRUBER RE: PLEADINGS
09/15/2005 NOTICE OF APPEARANCE
09/20/2005 MAIL RETURNED
09/20/2005 NOTICE OF HEARING
09/21/2005 APPEARANCE RECORD
09/30/2005 MOTION TO STRIKE
10/20/2005 CORRESPONDENCE
10/20/2005 MOTION FOR EXTENSION OF TIME TO FILE ADOPTED PRO SE CLAIMS
12/08/2005 ORDER GRANTING EXTENSION OF TIME FOR COUNSEL TO REVIEW PRO SE FILINGS AND SEEK LEAVE TO FILE ANY ADDITIONAL CLAIMS
12/08/2005 MOTION FOR EXTENSION OF TIME TO FILE ADOPTED PRO SE CLAIMS
12/27/2005 APPEAL - ACKNOWLEDGMENT OF NEW CASE SC05-1734
12/27/2005 APPEAL - ACKNOWLEDGMENT OF NEW CASE SC05-1734
12/27/2005 APPEAL - ORDER SC05-1734
01/03/2006 CORRESPONDENCE
01/03/2006 REQUEST - CRIMINAL
01/17/2006 CORRESPONDENCE - JUDGE DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/17/2006 CORRESPONDENCE - JUDGE DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 ORDER CONCERNING RECEIPT OF NEW PRO SE FILINGS FROM DEFENDANT; ORDER DIRECTING CLERK TO FILE DOCUMENTS
01/17/2006 MOTION - DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE OWENS - DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 MEMORANDUM OF LAW DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 SECOND MEMORANDUM OF LAW DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
02/06/2006 ORDER DIRECTING CLERK TO FILE PRO SE CORRESPONDENCE
02/06/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
03/17/2006 APPEAL - ORDER SC05-1734
06/22/2006 ORDER DIRECTING CLERK TO FILE PROSE CORRESPONDENCE
06/22/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT (9 PAGES) / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
07/18/2006 CORRESPONDENCE - JUDGE OWENS
07/18/2006 CORRESPONDENCE - JUDGE OWENS
07/18/2006 TRANSMITTAL FORM STATE ATTORNEY
07/18/2006 PRO SE NOTICE TO THE COURT IN RE TO: WITH ATTACHMENTS-(COPY)
08/28/2006 CORRESPONDENCE
08/28/2006 TRANSMITTAL FORM STATE ATTORNEY
08/28/2006 MOTION OF SUBMISSION OF BINDING PRESEDENT TO TRIAL COURT IN RE TO POSTCONVICTION
09/27/2006 PRO SE NOTICE
09/27/2006 CORRESPONDENCE - JUDGE OWENS WITH ATTACHMENTS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/23/2007 NOTICE OF HEARING
01/24/2007 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/01/2007 TIME: 10:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: HEARING HEARD (CRIMINAL)
02/06/2007 REQUEST FOR ORDER TO SHOW CAUSE - CRIMINAL
02/27/2007 NOTICE OF HEARING - AMENDED
03/01/2007 APPEARANCE RECORD
03/01/2007 ORDER FOLLOWING HUFF HEARING; ISSUES TO BE HEARD AT EVIDENTIARY HEARING WITH ATTACHMENT
03/06/2007 ORDER AFTER STATUS CONFERENCE
03/28/2007 RECEIPT
03/28/2007 CORRESPONDENCE WITH ATTACHMENT
04/18/2007 PRO SE NOTICE OF FORMAL COMPLAINT WITH ATTACHMENT
07/02/2007 APPEAL - SUPREME COURT OF FLORIDA ACKNOWLEDGMENT OF NEW CASE / SC07-1158 / PRO SE PETITION FOR WRIT OF MANDAMUS AND / OR PROHIBITION
07/19/2007 CORRESPONDENCE ( DO NOT IMAGE PER COURT - ORIGINAL DOCUMENT 163 PAGES) / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
10/04/2007 MEMORANDUM IN LAW
10/04/2007 MEMORANDUM
10/19/2007 APPEAL - ORDER FROM THE FLORIDA SUPREME COURT RE: DEF'S PRO SE PETITION FOR WRIT OF MANDAMUS AND / OR PROHIBITION / SC07-1158
11/05/2007 RESPONSE - CRIMINAL / PETITIONER'S RESPONSE TO FLORIDA SUPREME COURT ORDER IN CASE # SC07-1158
12/26/2007 APPEAL - ORDER FROM THE SUPREME COURT OF FLORIDA RE: APPEAL # SC07-1158 / PETITIONER'S MOTION FOR REINSTATEMENT IS HEREBY DENIED
01/15/2008 NOTICE OF HEARING
01/18/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 02/01/2008 TIME: 11:00 AM
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
RESULT: CANCELLED (CRIMINAL)
01/22/2008 NOTICE OF HEARING - CANCELLATION
01/29/2008 NOTICE OF HEARING
02/01/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 02/22/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
02/01/2008 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 02/01/2008 AT 11:00 AM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
02/11/2008 RENEWED MOTION TO DISCHARGE OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASE
02/11/2008 EXHIBITS TO RENEWED MOTION TO DISCHARGE OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASE
02/22/2008 APPEARANCE RECORD
02/22/2008 APPEAL - ACKNOWLEDGMENT OF NEW CASE FROM THE SUPREME COURT OF FLORIDA / SC03-848 ( WITH ATTACHMENTS )
02/25/2008 ORDER
03/24/2008 CORRESPONDENCE
03/24/2008 DECLARATION OF "PRO SE STATUS" THEREBY DISCHARGING "OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE' FROM ALL OF THE ABOVE AND/OR ANY OTHER CAUSES RELATED TO PENDING LOWER-COURT PROCEDDINGS AND REQUEST FOR NON-C.C.R.C. "STANDBY COUNSEL"
03/24/2008 PRO SE MOTION TO AMEND DEFENDANTS 3.851/3.850 MOTION(S)
03/24/2008 PRO SE AMENDED MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND WITH ATTACHMENTS
03/24/2008 PRO SE NOTICE TO THE COURT IN RE TO: FAILURE OF BOTH TRIAL ATTORNEY AND STATE PROVIDED POST-0CONVICTION LEGAL TEAM TO INVESTIGATE FACTS CRUCIAL TO PROPER PREPARATION AND REPRESENTATION OF THE DEFENDANT DURING TRIAL AND APPEALS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
WITH ATTACHMENTS
04/14/2008 CORRESPONDENCE FROM LAW OFFICE OF CAPITAL COLLATERAL
04/14/2008 NOTICE OF APPEARANCE
04/17/2008 CORRESPONDENCE
04/17/2008 DEFENDANT'S RESPONSE TO STATE'S "RENEWED MOTION TO DISCHARGE OFFICE OF THE CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASES" WITH ATTACHMENTS
05/30/2008 STATE'S REPLY TO DEFENDNAT'S RESPONSE TO STATE'S "RENEWED MOTION TO DISCHARGE OFFICE OF THE CAPITAL COLLATERAL REPRESENTATIVE FROM NON - CAPITAL CASES"
06/30/2008 NOTICE OF HEARING
07/02/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 08/22/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
07/21/2008 ORDER - TRANSPORT
07/21/2008 NOTICE OF HEARING - AMENDED
07/23/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 09/05/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
09/05/2008 APPEARANCE RECORD
09/08/2008 TRIAL/ MOTION RECORD
09/16/2008 ADDENDUM TO AMENDED MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND
09/16/2008 CORRESPONDENCE
09/16/2008 CORRESPONDENCE
11/03/2008 STATE'S SUPPLEMENTAL RESPONSE, LIMITED TO DEFENDANT'S "ADDENDUM" TO AMENDED MOTION TO VACATE
12/15/2008 ORDER DENYING STATE'S RENEWED MOTION TO DISCHARGE OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASES
01/05/2009 CORRESPONDENCE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/05/2009 DEFENDANT'S RESPONSE TO STATE'S RESPONSE TO DEFENDANT'S "ADDENDUM" TO AMENDED MOTION TO VACATE (RE: MARCH 17, 2008 PRO SE FILING)
01/26/2009 CORRESPONDENCE - PRO SE
01/26/2009 MEMORANDUM OF LAW - PRO SE
02/05/2009 CORRESPONDENCE
02/05/2009 MOTION TO ADOPT DEFENDANT'S RECENT PRO SE FILINGS
03/30/2009 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/31/2009 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
RESULT: CANCELLED (CRIMINAL)
03/30/2009 EMAIL CONVERSATION DOCUMENT
03/31/2009 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 03/31/2009 AT 2:00 PM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
03/31/2009 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 04/01/2009 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
RESULT: HEARING HEARD (CRIMINAL)
03/31/2009 COURT EVENT SET
EVENT: MOTIONS
DATE: 04/01/2009 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
03/31/2009 CORRESPONDENCE
03/31/2009 NOTICE OF HEARING
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/31/2009 EMAIL CONVERSATION DOCUMENT
04/01/2009 APPEARANCE RECORD
04/01/2009 NOTICE OF HEARING
04/02/2009 MOTION TO ADOPT DEFENDANTS RECENT PRO SE FILINGS
04/02/2009 CORRESPONDENCE (COPY MEMORANDUM OF LAW ATTACHED)
04/06/2009 ORDER ON STATUS CONFERENCE
04/16/2009 WITNESS LIST
04/23/2009 NOTICE OF HEARING
04/24/2009 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 08/03/2009 TIME: 9:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
04/28/2009 ORDER - DENIED ON (1) PRO SE MOTION TO AMEND 3.851 MOTION AND ADDITIONAL CLAIMS FOR WHICH EVIDENTIARY HEARING REQUIRED; (2) CCRC'S ADDENDUM TO AMENDED MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND; AND (3) CCRC'S MOTION TO ADOPT DEFENDANT'S RECENT PRO SE FILINGS
05/11/2009 MOTION FOR CLARIFICATION OR REHEARING
05/11/2009 CORRESPONDENCE
05/28/2009 ORDER DENYING MOTION FOR CLARIFICATION OR REHEARING
06/08/2009 PRO SE MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLARIFICATION, OR REHEARING
07/07/2009 ORDER - TRANSPORT
07/22/2009 ORDER - TRANSPORT (AMENDED)
07/31/2009 DISCOVERY EXHIBIT
08/03/2009 CORRESPONDENCE FROM DEFENDANT
08/03/2009 OBJECTION, FOR THE RECORD ON APPEAL
08/03/2009 CERTIFICATE OF SERVICE
08/04/2009 APPEARANCE RECORD
08/04/2009 TRIAL/ MOTION RECORD
08/05/2009 EVIDENCE RECORD # 25188 ( DEFENSE EXHIBITS )
08/05/2009 EVIDENCE RECORD # 25189 ( STATE EXHIBITS )
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/11/2009 ORDER DIRECTING WRITTEN CLOSING ARGUMENTS AS TO EVIDENTIARY HEARING HELD AUGUST 3-4, 2009
08/11/2009 NOTICE OF FILING
08/11/2009 SUBPOENA RETURNED SERVED BY MAIL
08/11/2009 SUBPOENA RETURNED SERVED BY MAIL
08/11/2009 SUBPOENA RETURNED SERVED
08/11/2009 SUBPOENA RETURNED SERVED
08/11/2009 SUBPOENA RETURNED SERVED
08/11/2009 SUBPOENA RETURNED SERVICE UNKNOWN
08/11/2009 SUBPOENA RETURNED SERVICE UNKNOWN
08/11/2009 SUBPOENA RETURNED SERVED
08/11/2009 SUBPOENA RETURNED SERVED
08/11/2009 SUBPOENA RETURNED SERVED MAIL
09/15/2009 CORRESPONDENCE
09/15/2009 DEFENDANT'S PRO SE 3.850/3.851 POST CONVICTION RESPONSE AND CLOSING ARGUMENTS WITH ATTACHMENTS
10/30/2009 INITIAL WRITTEN CLOSING ARGUMENT OF DEFENDANT
11/04/2009 ORDER
11/12/2009 NOTICE OF FILING - EX PARTE LETTER
11/13/2009 CORRESPONDENCE
11/13/2009 ATTACHMENTS TO INITIAL WRITTEN CLOSING ARGUMENT OF DEFENDANT
11/25/2009 CORRESPONDENCE FROM ATTORNEY GENERALS OFFICE ON APPEAL
11/25/2009 STATE'S RESPONSE/POST EVIDENTIARY HEARING CLOSING ARGUMENTS
11/30/2009 CORRESPONDENCE
11/30/2009 NOTICE OF FILING INDEX AND ATTACHMENTS TO STATE'S POST-EVIDENTIARY HEARING CLOSING ARGUMENT (RECORD EXCERPTS & PLEADINGS)
11/30/2009 STATE'S NOTICE OF FILING ATTACHMENTS TO POST-EVIDENTIARY HEARING CLOSING ARGUMENT (LEGAL AUTHORITY CITED)
12/09/2009 REPLY TO STATE'S POST-EVIDENTIARY HEARING CLOSING ARGUMENT WITH ATTACHMENTS
12/18/2009 CORRESPONDENCE
12/18/2009 SUPPLEMENTAL/COUNTER RESPONSE - CRIMINAL
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/05/2010 CORRESPONDENCE - JUDGE
02/05/2010 NOTICE OF SUPPLEMENTAL AUTHORITY
09/08/2010 CORRESPONDENCE
09/08/2010 NOTICE OF INTENT TO FILE WITH ATTACHMENTS
09/16/2010 ORDER DENYING 3.851 MOTION AFTER EVIDENTIARY HEARING WITH ATTACHMENTS
09/30/2010 ORDER CLARIFYING ORDER DENYING 3.851 MOTION AFTER EVIDENTIARY HEARING WITH ATTACHMENTS
10/15/2010 APPEAL - NOTICE OF APPEAL ( 3.851 EVIDENTIARY APPEAL )
10/15/2010 APPEAL - DIRECTIONS TO CLERK
11/12/2010 APPEAL CORRESPONDENCE
11/12/2010 APPEAL - AMENDMENT TO NOTICE OF APPEAL
11/22/2010 APPEAL - ACKNOWLEDGEMENT OF NEW CASE ( SC10-2008 / 3.850 EVID )
11/22/2010 APPEAL - ORDER ( FROM THE SUPREME COURT OF FLORIDA RE: APPEAL # SC10-2008 )
12/03/2010 ORDER SETTING MANADATORY STATUS CONFERENCE
12/07/2010 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 01/07/2011 TIME: 1:30 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 7-C
RESULT: HEARING HEARD (CRIMINAL)
12/13/2010 APPEAL CORRESPONDENCE
12/13/2010 APPEAL - DEF'S DESIGNATION TO THE COURT REPORTER
12/28/2010 APPEAL - ACKNOWLEDGEMENT OF COURT REPORTER
01/05/2011 PHONE CONVERSATION DOCUMENTATION
CRIM(MISC) PHONE CONVERSATION RECORD
SENT ON: 01/05/2011 09:12:58
01/06/2011 EMAIL CONVERSATION DOCUMENT / EXCHANGE BETWEEN THE APPEALS CLERK & THE SUPREME COURT CAPITAL CASE CLERK RE: CLARIFICATION OF THE APPELLATE RULES FOR PREPARING THE RECORD ON APPEAL
01/07/2011 APPEARANCE RECORD
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/11/2011 REPORT CONCERNING STATUS OF RECORD PREP ISSUED AFTER MANDATORY STATUS CONFERENCE ( COPY / ORIGINAL FILED WITH SUPREME COURT )
02/03/2011 MEMORANDUM FROM COURT REPORTERS TO SUPREME COURT RE: APPEAL TRANSCRIPTS
02/03/2011 APPEAL / TRANSCRIPT / 3/13/00 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 07/29/02 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 12/5/02 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 04/10/03 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 11/24/03 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 3/1/07 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 2/22/08 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 9/5/08 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 4/1/09 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 10/9/09 / HRG
02/03/2011 APPEAL - 1 C.D. CONTAINING ELECTRONIC COPIES OF ALL OF THE APPEAL TRANSCRIPTS DESIGNATED TO BE COMPLETED FOR THE FOLLOWING APPEAL # 'S : 2D10-5481, 2D10-5482, SC10-2008 & SC10-2219
02/16/2011 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT ( SC10-2008 )
02/16/2011 APPEAL COVER SHEET & MASTER INDEX OF EXHIBITS FORWARDED TO THE APPELLATE COURT ( SC10-2008 )
02/16/2011 APPEAL - RECEIPTS FOR SHIPMENT OF 6 BOXES TO THE FLORIDA SUPREME COURT OF THE RECORDS ON APPEAL FOR APPEAL # 'S SC10-2008 & SC10-2219
02/16/2011 APPEAL - RECEIPTS FOR SHIPMENT OF 6 BOXES TO THE ATTORNEY GENERAL'S OFFICE OF THE RECORDS ON APPEAL FOR APPEAL # 'S SC10-2008 & SC10-2219
02/16/2011 APPEAL - RECEIPTS FOR SHIPMENT OF 6 BOXES TO C.C.R.C. OF THE RECORDS ON APPEAL FOR APPEAL # 'S SC10-2008 & SC10-2219
02/22/2011 APPEAL - U.P.S. DELIVERY RECEIPTS FOR ALL PACKAGES CONTAINING THE APPEAL RECORDS SENT TO THE FL SUPREME CT., A.G. & C.C.R.C. FOR APPEAL # 'S SC10-2008 & SC10-2219
07/13/2011 PETITION FOR WRIT OF HABEAS CORPUS AND/OR TO INVOKE ALL WRITS JURISDICTION (TRANSCRIPT ATTACHED)
07/13/2011 PRO SE DECLARATION OF PRO SE STATUS AND/OR BASIS/MOTION FOR PRO SE ADDENDUM / SUPPLEMENTAL AUTHORITY RELATIVE TO PRO SE FILINGS PROPERLY BEFORE THIS COURT AD LITEM "RECORD OF APPEALS"
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
07/13/2011 APPEAL - NOTICE OF APPEAL / 3.850 EVIDENTIARY
07/13/2011 CORRESPONDENCE
07/14/2011 ACTION: NOTICE OF APPEAL FORWARDED TO SUPREME COURT
07/14/2011 ACTION: PETITION OF WRIT OF HAB. CORP. FORWARDED TO SUPREME COURT
11/13/2012 APPEAL - MANDATE & OPINION / APPEAL # SC10-2008 / AFFIRMED
11/13/2012 APPEAL CLOSED / APPEAL # 2D10-2008 / AFFIRMED
01/03/2013 APPEAL - ORDER - SUPREME COURT / MOT REHEARING -DENIED /SC10-2008
01/18/2013 APPEAL - MANDATE & OPINION
12/09/2015 SUCCESSIVE MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE
12/09/2015 APPENDIX TO SUCCESSIVE MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE
12/29/2015 STATE OF FLORIDA'S ANSWER TO DEFENDANT'S SUCCESSIVE MOTION TO VACATE AND SET ASIDE JUDGEMNT AND SENTENCE
02/05/2016 PRO SE MOTION AND ARGUMENT ESTABLISHING "DUE-DILIGENCE" FOR APPELLATE -PURPOSES WITH- RESPECT TO "NEWLY DISCOVERED EVIDENCE" CLAIMS CURRENTLY BRIEFED BEFORE THIS COURT
02/05/2016 ACTION: PRO SE DOCUMENT EMAILED TO COURT FOR REVIEW
02/05/2016 MOTION TO STRIKE DEFENDANT'S PRO SE MOTIONS FILED FEBRUARY 5, 2016
02/10/2016 (1) ORDER SCHEDULING CAPITAL CASE MANAGEMENT CONFERENCE; (2) ORDER GRANTING STATE'S MOTION TO STRIKE DEFENDANT'S PRO SE "MOTION AND ARGUMENT ESTABLISHING 'DUE DILIGENCE' FOR APPELLATE PURPOSES WITH RESPECT TO 'NEWLY DISCOVERED EVIDENCE' CLAIMS CURRENTLY BRIEFED BEFORE THIS COURT"
02/12/2016 MOTION TO STAY PROCEEDINGS IN LIGHT OF HURST V. FLORIDA
02/12/2016 NOTICE SETTING CASE MANAGEMENT CONFERENCE
02/17/2016 CRIMINAL - MOTION HEARING SET FOR 02/17/2016 AT 10:00 AM IN 6A , JDG: OWENS, ANDREW D
02/17/2016 APPEARANCE RECORD
02/17/2016 MOTION RECORD
03/31/2016 (1) ORDER DENYING DEFENDANT'S MOTION TO STAY PROCEEDINGS IN LIGHT OF HURST V FLORIDA; (2) ORDER DENYING DEFEDANT'S SUCCESSIVE MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE
04/26/2016 NOTICE OF APPEAL
04/26/2016 DIRECTIONS TO CLERK
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/27/2016 FORWARD NOTICE OF APPEAL TO APPELLATE COURT / INCLUDED ORDER 3/30/16
04/27/2016 DESIGNATIONS TO THE COURT REPORTER
06/02/2016 ACTION: FORWARDED NOTICE OF APPEAL TO FLORIDA SUPREME COURT PER TANGY WILLIAMS
06/07/2016 APPEAL - ORDER FROM THE SUPREME COURT SC16-959
06/07/2016 ACKNOWLEDGEMENT BY APPELLATE COURT OF NEW APPEAL CASE / SC16-959
06/07/2016 APPEAL - ORDER / SC16-959
06/07/2016 ACTION:
06/07/2016 APPEAL - TRANSCRIPTS
06/07/2016 APPEAL - TRANSCRIPTS / CD
06/13/2016 ORDER SCHEDULING HEARING
06/13/2016 APPEAL - MOTION
06/13/2016 CRIMINAL - MOTION HEARING SET FOR 07/06/2016 AT 10:00 AM IN 6A , JDG: OWENS, ANDREW D
07/06/2016 APPEARANCE RECORD
07/06/2016 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE SUPREME COURT - SC16-959
07/07/2016 TRANSMITTAL FORM STATE ATTORNEY
07/07/2016 CERTIFICATE OF ADDRESS
07/07/2016 ORDER ON STATUS CONFERENCE RE: STATUS OF RECORD
07/08/2016 APPEAL - RECEIPT RETURNED/TO COUNSEL/SC16-959
07/08/2016 APPEAL - RECEIPT RETURNED/TO SUPR. COURT/SC16-959
07/12/2016 APPEAL - RECEIPT RETURNED/SC16-959
07/18/2016 APPEAL - RECEIPT RETURNED FROM FL SUP COURT / SC16-959
07/18/2016 APPEAL - RECEIPT RETURNED FROM A.G. / SC16-959
12/12/2016 APPEAL - SUPREME COURT ORDER / SC16-959
01/06/2017 DEFENDANT;S SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE (HURST V. FLORIDA)
01/06/2017 ACTION: EMAILED DEFENDANT'S SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE (HURST V. FLORIDA) TO COURT FOR REVIEW
01/31/2017 ORDER GRANTING EXTENSION OF TIME TO FILE A WRITTEN RESPONSE TO DEFENDANT'S SUCCESSIVE POSTCONVICTION MOTION
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/10/2017 STATE'S ANSWER TO DEFENDANT'S SUCCESSIVE MOTION FOR POST CONVICTION RELIEF
04/06/2017 ORDER RE-ASSIGNING CASE AND SETTING CASE MANAGEMENT CONFERENCE
07/03/2017 ORDER DENYING DEFENDANT'S SUCCESSIVE MOTIONS FOR POSTCONVICTION RELIEF
07/26/2017 APPEAL - NOTICE
07/26/2017 APPEAL - DIRECTIONS TO CLERK
07/26/2017 APPEAL - DESIGNATION TO COURT REPORTER
07/28/2017 FORWARD NOTICE OF APPEAL (BY EMAIL) TO FLORIDA SUPREME COURT / WITH ORDER ATTACHED
07/31/2017 ACKNOWLEDGEMENT BY APPELLATE COURT OF NEW APPEAL CASE / SC17-1401
07/31/2017 APPEAL - ORDER / SC17-1401
07/31/2017 APPEAL - ORDER / SC17-1401
08/02/2017 APPEAL - ORDER / SC17-1401
08/02/2017 APPEAL - ORDER / SC17-1401
08/16/2017 APPEAL - TRANSCRIPTS
08/21/2017 TRANSCRIPT - APPEAL - APRIL 10, 2017
10/12/1988 ARREST WARRANT FILED
10/12/1988 PROBABLE CAUSE AFFIDAVIT FILED
10/12/1988 CASE FILED WITH CLERK
10/13/1988 BOOKING REPORT FILED RET DATE 110488
10/13/1988 EXECUTED WARRANT 101188
10/13/1988 ADVISORY HEARING BAIL SET-NONE-HOMICIDE
10/24/1988 ORDER APPOINTING EXPERT RULE 3.216
11/04/1988 INDICTMENT FILED FOR MURDER IN THE FIRST DEGREE
11/04/1988 COURT APPEARANCE RECORD PREPARED BY CLERK: CT #1
11/04/1988 HOMICIDE-NO ACTION TAKEN BY COURT RE: BOND
11/04/1988 REDUCTIONS PENDING GRAND JURY DECISION, PLACED ON
11/04/1988 NON FILED STATUS.
11/04/1988 GRAND JURY JUDICIAL INSTRUCTIONS
11/08/1988 NOTICE OF COURT DATE-ARRAIGNMENT-111888
11/09/1988 PETITION & ORDER TO PAY LARRY D. COMBS $162.21
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
11/09/1988 FILED
11/18/1988 STIP & ORDER FOR COURT REPORTER
11/18/1988 COURT APPEARANCE RECORD PREPARED BY CLERK: CT #1
11/18/1988 MURDER 1ST DEGREE, ARR-PNG TRIAL SET 012389, PD
11/18/1988 HOCKETT APP
11/22/1988 AFFIDAVIT & ORDER OF INDIGENCY W/ATTACHMENTS
12/08/1988 STATES RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
12/08/1988 FILED
12/23/1988 AFFIDAVIT & ORDER OF INDIGENCY
01/03/1989 STIP. & ORDER FOR CONT. TO 032089 FOR TRIAL WST
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/12/1989 NOTICE OF TAKING DEPOSITION(S)
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. BRENDA
01/18/1989 REDDEN 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. JACK SAPP
01/18/1989 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. BOB
01/18/1989 STANTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. PAUL
01/18/1989 SUTTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED MIKE ZAGORSKI
01/18/1989 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. GARY
01/18/1989 JANKINS 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED ACTING CHIEF
01/18/1989 GORDON JOLLY
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED LT. A.F. HOGLE
01/18/1989 011789
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED CAPT. RON
01/18/1989 BATEY 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED CAPT. DAVID
01/18/1989 BLOUGH 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. LARRY
01/18/1989 BLAIR 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED LT. JAMES
01/18/1989 FULTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. DAVID
01/18/1989 HARRINGTON 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. LARRY
01/18/1989 KIMBALL 011789
01/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED BERTY CLINE
01/18/1989 011389
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. GARY
01/19/1989 SELTZER 011889
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED LINDA JONES
01/19/1989 011789
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
01/19/1989 KENNETH CASTRO
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. GEORGE
01/19/1989 CONNER 011889
01/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET STAN HAYES
01/19/1989 0118889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH JAMES
01/23/1989 TUTSOCK 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH JACELYN
01/23/1989 REAMS 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT H N HICKOK
01/23/1989 011889
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH MADELYN
01/23/1989 LUZIER 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH VIRGINIA
01/23/1989 CASEY 011789
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER ROBBIN
01/23/1989 HINESLEY
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER MARK
01/23/1989 MILLER 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER GEORGE
01/23/1989 POTTER 011889
01/23/1989 PD - SUBPOENA FOR DEPOSITION SERVED DR PEARSON
01/23/1989 CLACK 011989
01/26/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT PATRICK
01/26/1989 GRIFFIN 012489
02/07/1989 NOTICE OF TAKING DEPOSITION(S)
02/08/1989 SUPPLEMENTAL LIST OW WITNESSES
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET BJ
02/13/1989 SULLIVAN 2-9-89
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET P SUTTON
02/13/1989 2-9-89
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED TECH M LUZIER
02/13/1989 2-9-89
02/13/1989 PD - SUBPOENA FOR DEPOSITION SERVED J REAMS
02/13/1989 2-09-89
02/14/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT. BOB
02/14/1989 STANTON 021089
02/23/1989 STIP. & ORDER FOR CONT. TO 041789 FOR TRIAL WST
02/24/1989 PD - SUBPOENA FOR DEPOSITION SERVED RENA LAMPHER
02/24/1989 022189
03/01/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/02/1989 MOTION & ORDER TO PAY HATIN CRT REPORTING $120.00
03/02/1989 , FILED
03/02/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING
03/02/1989 $562.25 FILED%
03/02/1989 ORDER APPOINTING EXPERT & ORDER TO TRANSPORT
03/06/1989 SUPPLEMENTAL STATE'S RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
03/07/1989 PETITION AND ORDER FOR COSTS/PAY HATIN COURT
03/07/1989 REPORTING $500.25
03/09/1989 NOTICE OF TAKING DEPOSITION
03/16/1989 ORDER TO TRANSPORT
03/17/1989 AMENDED STIPULATION AND ORDER FOR COURT REPORTER
03/23/1989 NOTICE OF TAKING DEPOSITION(S)
03/28/1989 PETITION & ORDER FOR COSTS PAY SSTA POLICE DEPT
03/28/1989 $203.35
03/28/1989 ORDER ON STATES MOTION FOR COSTS/PAY HATIN COURT
03/28/1989 REPORTING $38.40
03/29/1989 MOTION TO APPOINT EXPERT
03/29/1989 ORDER APPOINTING EXPERT
04/03/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING
04/03/1989 $164.50 FILED%
04/05/1989 DA - SUBPOENA FOR DEPOSITION SERVED DET. BRENDA
04/05/1989 REDDEN 033089
04/09/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING
04/09/1989 $175.50 FILED
04/10/1989 NOTICE OF TAKING DEPOSITION(S)
04/11/1989 STIP. & ORDER FOR CONT. TO 061289 FOR TRIAL WST
04/18/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. BRENDA
04/18/1989 REDDEN 041489
04/19/1989 PETITION & ORDER TO PAY DAMA SECURITY CORP $100
04/19/1989 FILED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/24/1989 CERTIFICATE OF NON ATTENDANCE
05/09/1989 STIP. & ORDER FOR CONT. TO 082189 FOR TRIAL WST
05/11/1989 MOTION FOR CONTACT VISIT
05/11/1989 ORDER FOR CONTACT VISIT
05/12/1989 PETITION & ORDER TO PAY COSTS - PAY $363.00 TO
05/12/1989 HATIN COURT REPORTING
05/15/1989 PETITION AND ORDER FOR FEES/PAY HATIN COURT
05/15/1989 REPORTING $25.00
05/16/1989 PETITION & ORDER FOR COSTS - PAY HATIN CT
05/16/1989 REPORTING $25.00
07/27/1989 ORDER FOR CONTACT VISIT
07/27/1989 MOTION FOR CONTACT VISIT
07/27/1989 NOTICE OF TAKING DEPOSITION(S)
07/31/1989 NOTICE OF TAKING DEPOSITION(S)
08/03/1989 DA - SUBPOENA FOR DEPOSITION SERVED OFFICER BRENDA
08/03/1989 REDDEN
08/08/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
08/17/1989 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR
08/17/1989 CONFESSIONS
08/17/1989 MOTION TO SUPPRESS PHYSICAL EVIDENCE
08/18/1989 STIP. & ORDER FOR CONT. TO 092589 FOR TRIAL
08/23/1989 SUPPLEMENTAL LIST OF PERSONS W/INFORMATION
08/23/1989 RELEVANT TO OFFENSE
08/28/1989 NOTICE OF TAKING DEPOSITION(S)
08/30/1989 NOTICE OF TAKING DEPOSITION(S)
08/30/1989 PETITION & ORDER FOR COSTS TO BEVERLY ACKERMAN $
08/30/1989 358.38
09/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED PTL WILDTRAUT
09/01/1989 083089
09/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED PTL ZAVOS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/01/1989 083089
09/07/1989 STIP. & ORDER FOR CONT. TO 112789 FOR TRIAL WST
09/07/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
09/14/1989 NOTICE OF INTENTION TO RELY UPON THE DEFENSE OF
09/14/1989 INSANITY
09/19/1989 NOTICE OF HEARING FOR 101089
09/26/1989 PETITION & ORDER TO PAY NORTON CAMERA & VIDEO $3.62
09/26/1989 FILED
09/26/1989 PETITION & ORDER TO PAY LANE'S COURT REPORTERS
09/26/1989 $131.30 FILED
10/06/1989 PETITION & ORDER TO PAY ACCURATE REPORTERS $130.00
10/06/1989 FILED
10/09/1989 NOTICE OF TAKING DEPOSITION(S)
10/09/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
10/20/1989 DEFENDANT'S WITNESS LIST
10/23/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
10/25/1989 CERTIFICATION FOR PAYMENT OF EXPERT WITNESSES
10/25/1989 COSTS
10/26/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
10/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED LEONARD
10/27/1989 DREIBELBIS 090789
10/27/1989 NOTICE OF TAKING DEPOSITION(S)
10/27/1989 MOTION & ORDER TO PAY HATIN COURT REPORTING $15.20
10/27/1989 , FILED $%
11/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET KORICH
11/01/1989 103089
11/01/1989 PD - SUBPOENA FOR DEPOSITION NOT SERVED DET C
11/01/1989 LACERTOSA
11/01/1989 PD - SUBPOENA FOR DEPOSITION SERVED RENA LAMPHER
11/01/1989 103189
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
11/02/1989 PETITION & ORDER TO PAY HATIN CRT REPORTING $77.25
11/02/1989 FILED
11/08/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER M
11/08/1989 MILLER 110389
11/08/1989 PD - SUBPOENA FOR DEPOSITION NOT SERVED R PETERSON
11/08/1989 EMT
11/08/1989 PD - SUBPOENA FOR DEPOSITION SERVED J C HANLON
11/08/1989 (EMT)
11/14/1989 CERTIFICATION FOR PAYMENT OF EXPERT WITNESSES
11/14/1989 COSTS
11/14/1989 COURT APPEARANCE RECORD PREPARED BY CLERK:
11/14/1989 CANCELLED
11/15/1989 STIP. & ORDER FOR CONT. TO 012290 FOR TRIAL
11/16/1989 NOTICE OF TAKING DEPOSITION(S)
11/16/1989 NOTICE OF TAKING DEPOSITION(S)
11/16/1989 NOTICE OF TAKING DEPOSITION(S)
11/17/1989 SUPP STATES RESPONSE TO DEF DEMAND FOR DISCOVERY
11/21/1989 PD - SUBPOENA FOR DEPOSITION NOT SERVED R.
11/21/1989 PETERSON EMT 112189
11/22/1989 PD - SUBPOENA FOR DEPOSITION SERVED SGT, LACERTOSA
11/22/1989 112089
11/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED DET. KORICH
11/27/1989 112089
11/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
11/27/1989 WILDTRAUT 112189
11/27/1989 PD - SUBPOENA FOR DEPOSITION SERVED J.C. HANLON
11/27/1989 EMT 112189
12/12/1989 ORDER FOR PAYMENT OF COSTS RE: INVESTIGATIVE FUNDS
12/13/1989 NOTICE OF TAKING DEPOSITION(S)
12/18/1989 PETITION & ORDER TO PAY NORTON CAMERA SHOP $100.02
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
12/18/1989 FILED
12/18/1989 PETITION AND ORDER FOR COSTS/PAY HATIN COURT
12/18/1989 REPORTING $106.75
12/19/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
12/19/1989 WILDTRAUT 121689
12/21/1989 PD - SUBPOENA FOR DEPOSITION SERVED GORDON JOLLY
12/21/1989 121589
12/29/1989 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
12/29/1989 LACERTOSA 121589
01/03/1990 NOTICE OF TAKING DEPOSITION(S)
01/05/1990 MOTION & ORDER TO PAY HATIN CRT REPORTING $21.60 ,
01/05/1990 FILED
01/09/1990 PD - SUBPOENA FOR DEPOSITION SERVED J C HANLON
01/09/1990 010590
01/09/1990 PD - SUBPOENA FOR DEPOSITION SERVED OFFICER
01/09/1990 WILDTRAUT 010690
01/12/1990 PD - SUBPOENA FOR DEPOSITION SERVED OFF LACERTOSA
01/12/1990 010890
01/16/1990 NOTICE OF TAKING DEPOSITION(S)
01/19/1990 NOTICE OF TAKING DEPOSITION(S)
01/22/1990 STIP. & ORDER FOR CONT. TO 040290 FOR TRIAL WST
01/26/1990 PETITION & ORDER TO PAY CROSSROADS TRAVEL $240.00
01/26/1990 FILED
01/29/1990 PD - SUBPOENA FOR DEPOSITION SERVED T.J. BROOM,
01/29/1990 EMT 012490
01/29/1990 PD - SUBPOENA FOR DEPOSITION SERVED KATHY GARCIA
01/29/1990 012490
01/30/1990 PETITION & ORDER TO PAY HATIN COURT REPORTING
01/30/1990 $66.25 FILED
02/06/1990 CERTIFICATION FOR PAYMENT OF EXPERT WITNESSES COST
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/07/1990 STATE'S RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
02/08/1990 MOTION FOR EXAMINATION OF DEFENDANT PURSUANT TO
02/08/1990 FLA R CRIM P 3.216 & 3.210
02/09/1990 SUPPLEMENTAL STATE'S RESPONSE TO DEFENSE DEMAND
02/09/1990 FOR DISCOVERY
02/13/1990 NOTICE OF HEARING FOR 021690 MOT. FOR EXAM OF DEF,
02/16/1990 MOTION AND ORDER TO PAY HATIN COURT REPORTING
02/16/1990 12.00 FILED
02/16/1990 PETITION & ORDER TO PAY NEUROPSYCHIATRIC INSTITUTE
02/16/1990 900.00 FILED
02/16/1990 PETITION & ORDER TO PAY NEUROPSYCHIATRIC INSTITUTE $ 200.00 FILED
02/16/1990 COURT APPEARANCE RECORD PREPARED BY CLERK:
02/16/1990 SA MOTION FOR EXAM OF DEF: GRANTED, SA TO DO ORDER
02/16/1990 ADDENDUM TO MOTION FOR EXAM PURSUANT TO FL. R.
02/16/1990 CRIMINAL P. 3.216 AND 3.210
02/19/1990 MOTION TO TRANSPORT FOR MEDICAL TEST, EXHIBIT A
02/19/1990 ORDER TO TRANSPORT FOR MEDICAL TEST
02/28/1990 STIP FOR CONT & WAIVER SPEEDY TRIAL TO 061190 T.D.
03/01/1990 MOTION AND ORDER FILED TO PAY HATIN COURT REPORT-
03/01/1990 ING 35.20
03/02/1990 NOTICE OF HEARING FOR 041290
03/06/1990 LETTER TO JUDGE BLUE FROM PUBLIC DEFENDERS OFFICE
03/06/1990 RE: ORDER FOR EXAMINATION
03/06/1990 ORDER & MOTION FOR APPOINTMENT OF EXPERTS
03/08/1990 ORDER ON STATE'S MOTION FOR APPOINTMENT OF EXPERTS
03/08/1990 GRANTED
03/09/1990 PD-NOTICE OF TAKING DEPOSITION W/ATTACHMENT
03/12/1990 AFFIDAVIT OF JANN HATIN RE: DEPOSITION OF DET
03/12/1990 DAVID HARRINGTON
03/14/1990 MOTION AND ORDER TO PAY HATIN COURT REPORTING
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/14/1990 33.60 FILED
03/20/1990 MOTION & ORDER FOR COSTS TO DR. SIDNEY MERIN
03/20/1990 EXPERT WITNESS $450.00
03/22/1990 AMENDED ORDER TO TRANSPORT FOR MEDICAL TEST
03/29/1990 AMENDED ORDER TO TRANSPORT FOR MEDICAL TEST
04/06/1990 PETITION AND ORDER TO PAY THE NEUROPSYCHIATRIC
04/06/1990 INSTITUTE 300.00 FILED
04/09/1990 AMENDED MOT TO SUPPRESS PHYSICAL EVID W/ATTACH
04/12/1990 AMENDED ORDER TO TRANSPORT FOR MEDICAL TEST
04/17/1990 ORDER & STIP TO CONT MOTIONS
04/17/1990 AMENDED NOTICE OF HEARING 052990 & 053090
05/01/1990 PD-SUBP FOR DEPO SERVED LARRY PRESLEY 042590
05/01/1990 PD-SUBP FOR DEPO SERVED CHRIS FIEDLER 042590
05/01/1990 PD-SUBP FOR DEPO SERVED JOSEPH ERRARA 042590
05/01/1990 PD-SUBP FOR DEPO SERVED PAUL BENNETT 042590
05/04/1990 PETITION & ORDER TO PAY AAA TRAVEL AGENCY 259.00
05/04/1990 FILED
05/04/1990 PETITION & ORDER TO PAY TOBEY C HOCKETT, PUBLIC
05/04/1990 DEF'S OFFICE 144.23 FILED
05/10/1990 SA-WITNESS SUBP FOR HEAR SERVED DET SUTTON 050990
05/11/1990 MOTION AND ORDER TO PAY AAA TRAVEL AGENCY 198.00
05/11/1990 FILED
05/11/1990 MOTION AND ORDER TO PAY DENNIS NALES 402.73 FILED
05/11/1990 SA-WITNESS SUBP FOR HEAR SERVED DET KORICH 051090
05/11/1990 SA-WITNESS SUBP FOR HEAR SERVED DET SULLIVAN050990
05/11/1990 SA-WITNESS SUBP FOR HEAR SERVED DET CASTRO 051090
05/11/1990 DA-SUBP FOR HEAR SERVED OFF WILDTRAUT,SPD 051090
05/11/1990 DA-SUBP FOR HEAR SERVED OFF CASTRO,SPD 051090
05/11/1990 DA-SUBP FOR HEAR SERVED TECH CASEY,SPD 050990
05/11/1990 DA-SUBP FOR HEAR SERVED DET LACERTOSA,SPD 051090
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/11/1990 DA-SUBP FOR HEAR SERVED DET REDDEN,SPD 050990
05/11/1990 DA-SUBP FOR HEAR SERVED OFF ZAVOS,SPD 051090
05/11/1990 DA-SUBP FOR HEAR SERVED DET SUTTON,SPD 051090
05/17/1990 SECOND AMENDED MOTION TO SUPPRESS PHYSICAL EVID
05/17/1990 DA SECOND AMENDED NOTICE OF HEARING 052990
05/17/1990 PETITION FOR RULE TO SHOW CAUSE W/ATTACHMENTS
05/17/1990 ORDER TO SHOW CAUSE
05/23/1990 WITNESS SUPBOENA FOR HEARING, DET LACERTOSA
05/23/1990 WITNESS SUBPOENA FOR HEARING, DET KIMBALL
05/25/1990 PD-SUB FOR HEARING-CPR HERSHEL FUESTON-SERVED
05/25/1990 PD-SUB FOR HEARING-JOYCE CASH-SERVED
05/29/1990 LIST OF WITNESSES
05/29/1990 EVIDENCE RECORD
05/29/1990 COURTS EXHIBITS A-D, DEF EXHIBIT 1A
05/30/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: D/A
05/30/1990 SECOND AMENDED MOTION TO SUPPRESS PHYSICAL EVIDENCE
05/30/1990 TAKEN UNDER ADVISEMENT, CASE SET TRIAL 7-23-90 9AM
05/30/1990 STIP AND ORDER FOR CONT TO 072390 TRIAL WST
05/31/1990 PD-SUB FOR HEARING-MADELYN LUZIER-UNSERVED
05/31/1990 PETITION AND ORDER TO PAY DR RAUL NODAL 300.00
06/07/1990 SUPPLEMENTAL STATE'S RESPONSE TO DEFENSE DEMAND
06/07/1990 FOR DISCOVERY
06/08/1990 NOTICE OF HEARING FOR 061590
06/12/1990 MOTION TO RESERVE RULING ON DEFS. SECOND AMENDED
06/12/1990 MOTION TO SUPPRESS PHYSICAL EVIDENCE
06/12/1990 AMENDED MOTION TO SUPPRESS STATEMENTS, ADMISSIONS
06/12/1990 OR CONFESSIONS
06/15/1990 PETITION & ORDER TO PAY ALDERSON REPORTING 327.61
06/15/1990 PETITION & ORDER TO PAY ALDERSON REPORTING 159.75
06/15/1990 MOTION AND ORDER TO PAY DR SIDNEY MERIN 200.00
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/19/1990 NOTICE OF HEARING FOR 070990
06/21/1990 ORDER FOR CONTINUANCE TO 082790 TRIAL
06/22/1990 MOTION TO RESERVED RULING ON DEF SECOND AMENDED
06/22/1990 MOTION TO SUPPRESS PHYSICAL EVIDENCE- ORDER RULING
06/22/1990 DENIED
06/27/1990 PETITION FOR REHEARING
07/09/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: SA
07/09/1990 PETITION FOR RULE TO SHOW CAUSE CONTINUED UNTIL
07/09/1990 EXAMS ARE TAKEN BY DOCTOR; DEF TO COMPLY, DEF ATTY
07/09/1990 TO BE PRESENT AT EXAMS
07/10/1990 MOTION AND ORDER TO PAY ALDERSON REPORTING $178.50
07/17/1990 PD-AMENDED PETITION FOR REHEARING
07/18/1990 MOTION & ORDER TO PAY ALDERSON REPORTING $231.06
07/27/1990 NOTICE OF HEARING FOR 082090 & 082190
07/27/1990 ORDER DENYING PETITION FOR REHEARING
08/02/1990 NOTICE OF HEARING FOR 082090
08/02/1990 MOT TO STRIKE DEF'S NOT OF INTENT TO RELY UPON THE DEFENSE OF INSANITY
08/08/1990 ORDER FOR CONTINUANCE TO 110590 TRIAL WST
08/10/1990 MOTION & ORDER TO PAY DE DANIEL J SPREHE $1000.00
08/15/1990 SA-WITNESS SUB FOR HEARING N/SERVED DET P SUTTON
08/15/1990 SPD 081490
08/16/1990 SA-WITNESS SUB FOR HEARING SERVED DET J SAPP SPD
08/16/1990 081690
08/16/1990 SA-WITNESS SUB FOR HEARING SERVED SGT R STANTON
08/16/1990 SPD 081690
08/16/1990 PD-SUB FOR HEARING SERVED CAPT R BATEY SPD 081490
08/16/1990 PD-SUB FOR HEARING SERVE DET B SULLIVAN SPD 081390
08/16/1990 PD-SUB FOR HEARING N/SERVE DET P SUTTON SPD 081390
08/16/1990 PD-SUB FOR HEARING SERVED DET J SAPP SPD 081390
08/16/1990 PD-SUB FOR HEARING SERVED SGT B STANTON SPD 081590
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/16/1990 DA NOTICE OF HEARING 082090
08/16/1990 DA MOTION TO APPOINT EXPERT
08/17/1990 PD-SUBP FOR HEARING SERVED ROSE TOMKINSON 081790
08/17/1990 PD-SUBP FOR HEARING SERVED DEBORAH SCOTT 081690
08/17/1990 PD-SUBP FOR TRIAL SERVED CINDY LOWERY 081690
08/17/1990 PD-SUBP FOR TRIAL SERVED DENISE LAGASSE 081690
08/20/1990 SA MOT TO STRIKE DEFS NOTICE OF INTENT TO RELY
08/20/1990 UPON THE DEFENSE OF INSANITY
08/20/1990 PD-SUBP FOR HEAR SERVED MAUREEN MAUCHER 081790
08/20/1990 PD-SUBP FOR TRIAL SERVED SGT LACERTOSA 081790
08/20/1990 SA-WITNESS SUBP FOR HEAR SERVED DET CASTRO 081690
08/20/1990 SA-WITNESS SUB FOR HEAR SERVED DET SULLIVAN 081590
08/20/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: P/D
08/20/1990 MOTION TO APPT EXPERT WITNESS DR. RICHARD OFSHE-
08/20/1990 GRANTED, P/D MOTION TO SUPPRESS & OTHER PENDING
08/20/1990 MOTIONS CONTINUED TO 1016-17-1890 @ 9AM WITNESSES
08/20/1990 CONTINUE ON SUBPOENAS, EXPERT WITNESS REPORT TO BE
08/20/1990 MADE AVAILABLE TO STATE BY 091490
08/20/1990 MEMORANDUM OF LAW
08/21/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: P/D
08/21/1990 MOTION TO STRIKE-NOT HEARD
08/21/1990 ORDER APPOINTING EXPERT
08/21/1990 ORDER TO TRANSCRIBE HEARING
08/21/1990 ORDER CONTINUING DEFS AMENDED MOTION TO SUPPRESS
08/22/1990 P/D SUB FOR HEARING SERVED DET R KORICH SPD 082090
08/27/1990 MOTION TO AMEND ORDER TO APPOINT EXPERT
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET CASTRO 082290
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET SULLIVAN 082290
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET SUTTON 082490
08/27/1990 SA-WITNESS SUB FOR HEAR SERVED DET SAPP,SPD 082490
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/27/1990 CORRESPONDENCE
08/29/1990 SA-WITNESS SUB FOR HEAR SERVED SGT STANTON 082890
08/30/1990 NOTICE OF HEARING FOR 083190
08/31/1990 CLERK'S NOTES
09/07/1990 P/D NOTICE OF TAKING DEPOSITION
09/11/1990 PD-SUBP FOR HEARING SERVED DET KORICH,SPD 091090
09/11/1990 DEFENDANT'S SUPPLEMENTAL WITNESS LIST
09/11/1990 AMENDED ORDER APPOINTING EXPERT W/ATTACHMENT
09/12/1990 PD SUB FOR HEARING SERVED DET P SUTTON 091190
09/18/1990 SA-SUBP FOR DEPO SERVED DR WALTER AFIELD 091390
09/19/1990 ORDER
09/20/1990 DEF MOTION IN LIMINE (#1) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS
09/20/1990 DEF MOTION IN LIMINE (#2) TO PRECLUDE PROSECUTORIAL
09/20/1990 QUESTIONING AND ARGUMENT ON ANY ATTEMPT BY THE
09/20/1990 DEF TO EXERCISE HIS RIGHT TO REMAIN SILENT
09/20/1990 DEF MOTION IN LIMINE (#3) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL REMARKS AND ARGUMENT CONCERNING THE
09/20/1990 JURORS' OBLIGATIONS
09/20/1990 DEF MOTION IN LIMINE (#4) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENT DURING ANY
09/20/1990 PHASE OF THIS TRIAL BEFORE THE JURY CHARACTERIZING
09/20/1990 OR ATTACKING DEFENSE COUNSEL
09/20/1990 DEF MOTION IN LIMINE (#5) TO PRECLUDE ANY PROSE-
09/20/1990 CUTORIAL ARGUMENT OR STATEMENTS DURING ALL PHASES
09/20/1990 OF THE TRIAL WITH RESPECT TO THE FAILURE OF THE
09/20/1990 DEFENSE TO PRODUCE A WITNESS OR ANY WITNESSES
09/20/1990 DEF MOTION IN LIMINE (#6) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS ABOUT THE
09/20/1990 DEF FAILURE TO TESTIFY IF HE DECIDES TO EXERCISE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/20/1990 THAT RIGHT
09/20/1990 DEF MOTION IN LIMINE (#7) TO PRECLUDE ANY INDIRECT
09/20/1990 COMMENTS ON THE DEF EXERCISING HIS RIGHT TO REMAIN
09/20/1990 SILENT DURING ANY PHASE OF THE TRIAL
09/20/1990 DEF MOTION IN LIMINE (#8) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS ELICITING
09/20/1990 SYMPATHY FOR THE VICTIM OR VICTIM'S FAMILY
09/20/1990 DEF MOTION IN LIMINE (#9) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS AS TO FACTS
09/20/1990 NOT IN EVIDENCE
09/20/1990 DEF MOTION IN LIMINE (#10) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS CONCERNING
09/20/1990 ANY INFLAMMATORY DESCRIPTION OF THE DEF OR THE
09/20/1990 CRIME
09/20/1990 DEF MOTION IN LIMINE (#11) TO PRECLUDE PROSECUTOR-
09/20/1990 IAL COMMENTS OR REFERENCE TO THE APPELLATE PROCESS
09/20/1990 OF THE STATE OF FLORIDA OR THE FEDERAL COURT SYS-
09/20/1990 TEM
09/20/1990 DEF MOTION IN LIMINE (#12) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS ATTACKING
09/20/1990 DEFENSE WITNESSES
09/20/1990 DEF MOTION IN LIMINE (#13) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENTS WHICH ATTEMP
09/20/1990 TO IMPROPERLY BOLSTER STATE'S WITNESSES
09/20/1990 DEF MOTION IN LIMINE (#14) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL STATEMENTS OR ARGUMENT INDICATING
09/20/1990 THAT THE PROSECUTOR OR PROSECUTOR'S OFFICE BELIEVE
09/20/1990 IN THE GUILT OF THE DEF
09/20/1990 DEF MOTION IN LIMINE (#15) TO PRECLUDE THE PROSE-
09/20/1990 CUTOR FROM MAKING ANY IMPROPER COMMENT DEMEANING
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/20/1990 A RECOGNIZED DEFENSE, SUCH AS INSANITY OR INTOX-
09/20/1990 ICATION
09/20/1990 DEF MOTION IN LIMINE (#16) TO PRECLUDE THE PROSE-
09/20/1990 CUTOR FROM DEMEANING ANY POSSIBLE LESSER INCLUDED
09/20/1990 OFFENSES IN THIS CASE
09/20/1990 DEF MOTION IN LIMINE (#17) TO PRECLUDE ANY COMMENT
09/20/1990 BY THE PROSECUTION CONCERNING ANY DISCUSSIONS OF
09/20/1990 COMMUNITY FEELINGS ABOUT THE CRIMES IN THIS CAUSE
09/20/1990 OR ABOUT SENDING A MESSAGE TO THE COMMUNITY
09/20/1990 DEF MOTION IN LIMINE (#18) TO PRECLUDE IMPROPER
09/20/1990 PROSECUTORIAL ARGUMENT DEALING WITH THE GOLDEN RUL
09/20/1990 DEF MOTION IN LIMINE (#19) TO PRECLUDE THE PROSE-
09/20/1990 CUTION FROM ATTACKING THE DEF RACE
09/20/1990 DEF MOTION IN LIMINE (#20) TO PRECLUDE THE PROSE-
09/20/1990 CUTION FROM MAKING ANY COMMENT AS TO THE LACK OF
09/20/1990 REMORSE OF THE DEF
09/20/1990 DEF MOTION IN LIMINE (#21) TO PRECLUDE ANY COMMENT
09/20/1990 BY THE PROSECUTION AS TO THE DEF GUILT
09/20/1990 DEF MOTION IN LIMINE (#22) TO PRECLUDE THE PROSE-
09/20/1990 CUTION FROM MAKING ANY STATEMENTS CONCERNING THE
09/20/1990 CREDIBILITY OF ANY WITNESS
09/20/1990 ORDER FOR DEFENDANT TO COOPERATE WITH HIS COURT-
09/20/1990 APPOINTED EXPERTS
09/28/1990 DEFENDANT'S SUPPLEMENTAL WITNESS LIST FOR MOTION
09/28/1990 TO SUPPRESS HEARING 1016,1017 & 101890
10/11/1990 STIP AND ORDER FOR CONT TO TRIAL ON 121790 WST
10/16/1990 SA-NOTICE OF TAKING DEPOSITION
10/16/1990 LETTER FROM MANATEE COUNTY COURT TO CLERK
10/16/1990 PETITION FOR COSTS
10/17/1990 NOTICE OF HEARING/MOTION TO TAKE DEPOSITION TO PER
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/17/1990 PETUATE TESTIMONY W/ATTACHMENTS
10/18/1990 COURT APPEARANCE RECORD PREPARED BY CLERK-DA
10/18/1990 MOTION TO TAKE DEPO-DENIED/MOTION FOR COSTS-GRANTED
10/18/1990 PETITION FOR COSTS WITH ORDER AND ATTACHMENTS
10/18/1990 PETITION & ORDER TO PAY TOBEY HOCKETT $23.60
10/18/1990 PETITION & ORDER TO PAY SCRIPT SERVICES $344.75
10/18/1990 PETITION & ORDER TO PAY SCRIPT SERVICES $285.25
10/18/1990 MOTION & ORDER TO PAY DR SIDNEY MERIN $950.00
10/18/1990 PETITION & ORDER TO PAY SCRIPT SERVICES $266.00
10/19/1990 MOTION & ORDER TO PAY NEUROPSYCHIATRIC INSTITUTE
10/19/1990 $1,800.00
10/23/1990 SA-NOTICE OF TAKING DEPOSITION
10/31/1990 ORDER ON MOTION TO TAKE DEPOSITION TO PERPETUATE
10/31/1990 TESTIMONY
11/01/1990 PETITION AND ORDER TO PAY M MUSETTA & ASSOC $90.40
11/01/1990 MOTION AND ORDER TO PAY M MUSETTA & ASSOC $365.75
11/07/1990 JOINT STIP FOR COURT REPORTER, ORDER ON JOINT STIP
11/09/1990 STIP AND ORDER FOR CONT TO TRIAL ON 012890 WST
11/09/1990 PETITION & ORDER TO PAY AAA TRAVEL AGENCY $327.00
11/09/1990 MOTION & ORDER TO PAY DAVID W DENNEY,SAO $393.00
11/09/1990 MOTION & ORDER TO PAY COPYMAT $37.66
11/20/1990 PD-NOTICE OF TAKING DEPOSITION
11/26/1990 PETITION & ORDER TO PAY TOBEY HOCKETT,PD'S OFFICE
11/26/1990 $448.92
11/28/1990 PD-AMENDED NOTICE OF TAKING DEPOSITION
11/28/1990 PD-SUBP DUCES TECUM FOR DEPO SERVED DET STANTON,
11/28/1990 SPD 112790
11/28/1990 PD-SUBP DUCES TECUM FOR DEPO SERVED DET P SUTTON,
11/28/1990 SPD 112690
12/04/1990 NOTICE OF HEARING FOR 121090
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
12/04/1990 PD-SUBP DUCES TECUM FOR DEPO SERVED SGT LACERTOSA,
12/04/1990 SPD 113090
12/04/1990 SA-MOTION TO QUASH SUBPOENAS FOR DEPOSITION
12/05/1990 NOTICE OF HEARING FOR 121090
12/05/1990 PD-MOTION TO TAKE SECOND DEPOSITION W/ATTACHMENTS
12/06/1990 PD-SUBP DUCES TECUM FOR DEPO SERVED DET G CONNER,
12/06/1990 SPD 113090
12/07/1990 MOT & ORDER TO PAY NEUROPSYCHIATRIC INST $150.00
12/10/1990 COURT APPEARANCE RECORD PREPARED BY CLERK: SA
12/10/1990 MOTION TO QUASH SUBP FOR DEPO GRANTED, DA MOTION
12/10/1990 TO TAKE SECOND DEPOS DENIED
12/11/1990 PD-SUB DUCES TECUM FOR DEPO SERVED DET ROBERT
12/11/1990 KORICH,SPD 120490
12/19/1990 PETITION & ORDER TO PAY COMBS & GREENLEY COURT RE-
12/19/1990 PORTING $742.50
12/28/1990 MOTION FOR ADDITIONAL JURY INSTRUCTIONS REGARDING
12/28/1990 VOIR DIRE ON CAPITAL CASE
12/28/1990 MOTION FOR STATEMENT OF PARTICULARS
12/28/1990 MOTION FOR STATEMENT OF AGGRAVATING CIRCUMSTANCES
12/28/1990 MOTION TO PRECLUDE CHALLANGE FOR CAUSE
12/28/1990 MOTION IN LIMINE
12/28/1990 MOTION TO DECLARE SECT. 921.141 F.S. UNCONSTITUT.
12/28/1990 MOTION TO DECLARE SECT. 921.141 F.S. UNCONSTITUT.
12/28/1990 MOTION FOR PRE-TRIAL RULING ON ADMISSIBILITY OF
12/28/1990 PENALTY PHASE EVIDENCE
12/28/1990 MOTION TO DECLARE SECT. 922.10 F.S., UNCONSTITUT.
12/28/1990 MOTION FOR INDIVIDUAL VOIR DIRE AND SEQUESTRATION
12/28/1990 OF JURORS DURING VOIR DIRE
12/28/1990 MOTION TO DECLARE SECT. 921.141 F.S. UNCONSTITUT.
12/28/1990 MOTION TO DECLARE DEATH NOT A POSSIBLE SENTENCE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
12/28/1990 MEMO IN SUPPORT OF DEF'S MOT TO DECLARE SECTION 921.141, F.S. UNCONSTITUTIONAL
01/14/1991 PETITION & ORDER TO PAY DR RICHARD OFSHE $3,375.00
01/14/1991 PETITION & ORDER TO PAY DR WALTER AFIELD $1,500.00
01/14/1991 MOTION & ORDER TO PAY DR RICHARD OFSHE $3,062.50
01/14/1991 MOTION & ORDER TO PAY COMBS & GREENLEY,INC $683.25
01/14/1991 MOITON & ORDER TO PAY COMBS & GREENLEY $1,229.00
01/15/1991 SA-WITNESS SUBP SERVED DET B STANTON,SPD 011191
01/15/1991 SA-WITNESS SUBP SERVED DET P SUTTON,SPD 011091
01/18/1991 SA-WITNESS SUBP SERVED DET K CASTRO,SPD 011091
01/25/1991 STIP AND ORDER FOR CONT TO TRIAL ON 030491 WST
01/25/1991 ORDER SETTING ALL PENDING MOTIONS FOR 013091,
01/25/1991 013191 & 020191 @ 9:30 AM COURTROOM "F" BEFORE
01/25/1991 JUDGE SILVERTOOTH
01/25/1991 SA-WITNESS SUBP SERVED DET B SULLIVAN,SPD 011891
01/25/1991 SA-WITNESS SUBP SERVED DET J SAPP,SPD 011891
01/28/1991 PD-SUBP FOR HEARING SERVED DENISE LAGASSE 012591
01/28/1991 PD-SUBP FOR HEARING SERVED CINDY LOWERY 012591
01/28/1991 PD-SUBP FOR HEARING SERVED RICHARD WATSON 012591
01/28/1991 PD-SUBP FOR HEAR N/SERVED SGT STANTON,SPD 012591
01/28/1991 PD-SUBP FOR HEAR SERVED SGT LACERTOSA,SPD 012591
01/28/1991 PD-SUBP FOR HEARING SERVED DET P SUTTON,SPD 012591
01/28/1991 SA-WITNESS SUBP SERVED DET R STANTON,SPD 012591
01/28/1991 SA-WITNESS SUBP SERVED DET P SUTTON,SPD 012491
01/29/1991 PD-SUBP FOR HEAR SERVED ROSE TOMKINSON,SSO 012891
01/29/1991 PD-SUBP FOR HEAR SERVED MAUREEN MAUCHER,SSO 012891
01/29/1991 SA-WITNESS SUBP SERVED DET K CASTRO,SPD 012591
01/30/1991 PD-SUBP FOR HEARING SERVED DEBORAH SCOTT 012891
01/31/1991 SA-NOTICE OF FILING DEPOSITION
01/31/1991 DEPOSITION OF RICHARD J OFSHE TAKEN 110990 AND
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/31/1991 111090, 2 VOLUMES
02/01/1991 SA-WITNESS SUBP SERVED DET J SAPP,SPD 012591
02/01/1991 SA-WITNESS SUBP SERVED DET B SULLIVAN,SPD 012591
02/01/1991 PD-SUBP FOR HEARING SERVED DET KORICH,SPD 012891
02/01/1991 PD-SUBP FOR HEARING SERVED CPT R BATEY,SPD 012491
02/01/1991 PD-SUBP FOR HEARING SERVED DET SULLIVAN,SPD 013191
02/01/1991 PD-SUBP FOR HEARING SERVED DET J SAPP,SPD 013191
02/04/1991 PD-NOTICE OF FILING DEPOSITION
02/04/1991 DEPO OF SGT ROBERT STANTON TAKEN 020289
02/04/1991 DEPO OF SGT ROBERT STANTON TAKEN 032189
02/04/1991 DEPO OF DET B J SULLIVAN TAKEN 032189
02/04/1991 DEPO OF DET PAUL SUTTON TAKEN 022789
02/04/1991 DEPO OF DET BRENDA REDDEN TAKEN 080889
02/04/1991 DEPO OF DR WALTER AFIELD TAKEN 092190
02/06/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
02/11/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
02/11/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $750.00
02/13/1991 STIP & ORDER CONT TD 040891
02/13/1991 PD-NOTICE OF TAKING DEPOSITION
02/18/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
02/18/1991 PD-NOTICE OF TAKING DEPOSITION
02/19/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1600.00
02/19/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1375.00
02/22/1991 NOTICE OF HEARING-MOTION TO APPOINT EXPERT 02/25
02/22/1991 AT 9:30AM
02/25/1991 EVIDENCE RECORDS-COURT,STATE & DEFENSE
02/25/1991 CLERKS MOTION NOTES
02/25/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: MOTION
02/25/1991 TO SUPPRESS: TAKEN UNDER ADVISEMENT
02/25/1991 DEFENDANT'S AMENDED WITNESS LIST
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/01/1991 ORDER DENYING MOTION TO SUPPRESS STATEMENTS,
03/01/1991 ADMISSIONS, CONFESSIONS
03/01/1991 ORDER SETTING CASE FOR TRIAL TO BEGIN MAY 28 THRU
03/01/1991 JUNE 7 BEFORE JUDGE G. SMITH
03/01/1991 PD-SUBP FOR HEARING SERVED DET B REDDEN,SPD 013091
03/01/1991 PD-SUBP FOR HEARING SERVED ROB GROEB,ASA 012591
03/01/1991 PD-SUBP FOR HEARING SERVED CHARLES MCMILLAN 012591
03/04/1991 NOTICE OF HEARING 030791
03/05/1991 BINDER - STATE'S MEMORANDUM OF LAW
03/05/1991 BINDER - CASES CITED IN MOTION TO SUPPRESS HEARING
03/05/1991 PD-MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S
03/05/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
03/05/1991 FESSIONS
03/05/1991 PSYCHOLOGICAL REPORT
03/05/1991 LETTER FROM DR D SPREHE TO JUDGE OWENS
03/05/1991 LETTER FROM T HOCKETT TO JUDGE SILVERTOOTH
03/07/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: MOTION
03/07/1991 TO APPOINT EXPERT, DA TEBRUGGE TO OBTAIN LIST OF
03/07/1991 COSTS FOR INSTATE DOCTORS, SHARE INFO W/SA DENNEY
03/07/1991 & INTRODUCE INFO TO COURT AT EX-PARTE HEARING
03/08/1991 MOTION TO AMEND ORDER DENYING DEFENDANTS MOTION TO
03/08/1991 SUPPRESS STATEMENTS, ADMISSIONS OR CONFESSIONS
03/08/1991 PETITION FOR REHEARING ON DEFENDANTS AMENDED
03/08/1991 MOTION TO SUPPRESS STATEMENTS ADMISSIONS OR CONFES
03/08/1991 -SIONS AND MOTION TO COMPEL DISCOVERY
03/12/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1,750.00
03/14/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1,500.00
03/14/1991 PETITION & ORDER TO PAY TOBEY C HOCKETT $27.60
03/14/1991 PETITION & ORDER TO PAY DR WALTER AFIELD $2800.00
03/19/1991 PETITION & ORDER TO PAY DR GREGORY DECLUE $350.00
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/19/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $1,150.00
03/20/1991 STIP AND ORDER FOR CONT TO TRIAL ON 05/13/91
03/25/1991 TRANSCRIPT OF EXCERPTS OF HEARING ON 013091,020191
03/25/1991 DEMAND FOR SPEEDY TRIAL
03/26/1991 ORDER APPOINTING EXPERT TO ASSIST DEFENSE
03/27/1991 TRANSCRIPT OF EXCERPT OF HEARING ON 020191
03/27/1991 NOTICE OF HEARING: 03/28/91 CALENDAR CALL
03/27/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISC.
03/28/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA
03/28/1991 ORAL MOTION TO CONTINUE 88-3203F INTO MAY DENIED,
03/28/1991 JUDGE TO PREPARE ORDER SETTING CASES FOR TRIAL
03/28/1991 ORDER SETTING CASES FOR TRIAL ON 042291
03/28/1991 NOTICE OF HEARING FOR 041791 & 041891
03/28/1991 SA NOTICE OF HEARING FOR 040191-MOTION TO COMPEL/
03/28/1991 MOTION TO PERPETUATE TESTIMONY
03/29/1991 TRANSCRIPT OF HEARING ON 032891
04/01/1991 ORDER FILED IN OPEN COURT COMPELLING DR AFIELD TO
04/01/1991 COMPLETE HIS EXAMINATION OF E. JOHNSON
04/01/1991 AFFIDAVIT IN SUPPORT OF MOTION TO PERPETUATE
04/01/1991 TESTIMONY
04/01/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: S/A
04/01/1991 MOTION TO COMPEL-GRANTED, DR AFIELD IS TO COMPLETE
04/01/1991 HIS EXAMINATION BY 041591, S/A MOTION TO PERPETUATE
04/01/1991 TESTIMONY-GRANTED
04/01/1991 AMENDED PETITION FOR REHEARING ON DEFENDANTS AMENDED
04/01/1991 MOTION TO SUPPRESS STATEMENTS ADMISSIONS OR
04/01/1991 CONFESSIONS AND MOTION TO COMPEL DISCOVERY
04/02/1991 NOTICE OF HEARING FOR 04/05/91 WITH JUDGE SILVER-
04/02/1991 TOOTH
04/03/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/03/1991 SA-SUB FOR TRIAL SERVED T.J. BROOM,SFD 040291
04/03/1991 SA-SUB FOR TRIAL SERVED J.C. HANLON,SFD 040291
04/03/1991 SA-SUB FOR TRIAL SERVED LINDA JONES 040291
04/03/1991 SA-SUB FOR TRIAL N/SERVED R PETERSON,SFD 040291
04/04/1991 LETTER FROM E. MORELAND TO TOBEY W/ATTACHED STATES
04/04/1991 RESPONSE TO DEFENSE DEMAND FOR DISCOVERY
04/04/1991 NOTICE OF HEARING FOR 04/05/91
04/04/1991 MOTION TO SET EXAMINATION
04/04/1991 NOT OF TAKING DEPOSITION
04/05/1991 EVIDENCE RECORD FOR MOTION ON 040591
04/05/1991 NOT. OF HEARING 04/17&18
04/05/1991 MOTION TO REDACT TAPE CONFESSION
04/05/1991 SA-SUB FOR TRIAL SERVED RENA LAMPHER 040391
04/05/1991 SA-SUB FOR TRIAL N/SERVED BRIDGETTE CHAPMAN 040391
04/05/1991 SA-SUB FOR TRIAL SERVED MADELYN LUZIER 040391
04/05/1991 SA-SUB FOR TRIAL SERVED W PEARSON CLACK, MD 040391
04/05/1991 SA-SUB FOR TRIAL SERVED BERTY CLINE 040391
04/05/1991 SA-SUB FOR TRIAL SERVED SGT B STANTON,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED OFF R HINESLEY,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED OFF G POTTER,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED SGT G SELZER,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED DET G CONNER,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED SGT HARRINGTON,SPD 040491
04/05/1991 SA-SUB FOR TRIAL SERVED CPT D BLOUGH,SPD 040491
04/05/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: SA
04/05/1991 MOTION TO SET EXAMINATION GRANTED, JUDGE HOWEVER
04/05/1991 DOES NOT EXPECT EXAM TO BE DONE SAT OR SUN, APR 6
04/05/1991 OR 7; SA ORAL MOTION TO BE PRESENT AT EXAM GRANTED
04/05/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA
04/05/1991 AMENDED PETITION FOR REHEARING ON DEF'S AMENDED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/05/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
04/05/1991 FESSIONS DENIED, JUDGE ASKS FOR ORDER; MOTION TO
04/05/1991 COMPEL DENIED; MOTION TO AMEND ORDER DENYING DEF'S
04/05/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
04/05/1991 FESSIONS DENIED
04/08/1991 SA-SUB FOR TRIAL SERVED CPT RON BATY,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED LT J FULTON,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED DET J SAPP,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED OFF M MILLER,SPD 040591
04/08/1991 SA-SUB FOR TRIAL SERVED DET B SULLIVAN,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED SGT P GRIFFIN,SPD 040491
04/08/1991 SA-SUB FOR TRIAL SERVED LT A F HOGLE,SPD 040391
04/08/1991 SA-SUB FOR TRIAL SERVED DET L BLAIR,SPD 040491
04/09/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/09/1991 SA-SUB FOR TRIAL SERVED DET R KORICH,SPD 040491
04/09/1991 SA-SUB FOR TRIAL SERVED DET S HAYES,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED DET LACERTOSA,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED OFF K CASTRO,SPD 040491
04/09/1991 SA-SUB FOR TRIAL SERVED SGT H HICKOK,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED TECH J REAMS,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED DET P SUTTON,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED PROP OFFICER,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED DET G JANKINS,SPD 040491
04/09/1991 SA-SUB FOR TRIAL SERVED TECH ZAGORSKI,SSO 040591
04/09/1991 SA-SUB FOR TRIAL SERVED DET L KIMBALL,SPD 040891
04/09/1991 SA-SUB FOR TRIAL SERVED TECH J TUTSOCK,SPD 040891
04/10/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $1,400.00
04/10/1991 PETITION & ORDER TO PAY DR RICHARD OFSHE $9,048.89
04/10/1991 SA-SUB FOR TRIAL SERVED MJR R JOLLY,SPD 040891
04/10/1991 SA-SUB FOR TRIAL SERVED DET B REDDEN,SPD 040491
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/11/1991 NOTICE OF HEARING 041191
04/11/1991 MOTION TO DISQUALIFY JUDGE
04/11/1991 MOTION TO PROHIBIT IMPROPER AND UNETHICAL PRETRIAL
04/11/1991 AND TRIAL PUBLICITY
04/11/1991 MOTION TO PRECLUDE DEATH AS A POSSIBLE PUNISHMENT
04/11/1991 AND/OR TO QUESTION THE PROSECUTOR REGARDING HIS
04/11/1991 GOOD FAITH IN SEEKING THE DEATH PENALTY
04/11/1991 MOTION TO PROHIBIT ARGUMENT AND/OR INSTRUCTIONS
04/11/1991 CONCERNING FIRST DEGREE FELONY MURDER
04/11/1991 MOTION FOR AUTHORIZATION TO EMPLOY A JURY SELECT-
04/11/1991 ION CONSULTANT
04/11/1991 NOTICE OF HEARING 041191
04/11/1991 MOTION TO ADVANCE CASE ON TRIAL DOCKET AND SET
04/11/1991 TRIAL ORDER
04/11/1991 SA-SUB FOR TRIAL SERVED OFF PRESTIA,SPD 041091
04/11/1991 NOTICE OF HEARING FOR 041791 & 041891
04/11/1991 MOTION RECORD FILED BY CLERK: S/A MOTION TO ADVANCE
04/11/1991 CASE ON TRIAL DOCKET-TAKEN UNDER ADVISEMENT
04/11/1991 MOTION RECORD FILED BY CLERK: D/A MOTION TO DIS-
04/11/1991 QUALIFY JUDGE-TAKEN UNDER ADVISEMENT
04/11/1991 COPY OF MOTION FOR INTERSTATE EXTRADITION OF A
04/11/1991 WITNESS
04/11/1991 ORDER ON MOTION FOR EXTRADITION OF WITNESS
04/11/1991 CERTIFICATION ON MOTION FOR EXTRADITION
04/11/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/11/1991 ORDER FOR PAYMENT OF COSTS
04/12/1991 SA-SUB FOR TRIAL SERVED VIRGINIA CASEY 040891
04/12/1991 SA-SUB FOR TRIAL SERVED NADINE GARBER,SPD 041091
04/12/1991 SA-SUB FOR TRIAL SERVED OFF CHURCHILL,SPD 041091
04/12/1991 SA-SUB FOR TRIAL SERVED DET BEECHER,SPD 041091
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/12/1991 SA-SUB FOR TRIAL SERVED OFF HARDEE,SPD 041291
04/12/1991 LETTER TO JUDGE FROM STATE ATTORNEY
04/12/1991 ORDER OF COMMISSION
04/12/1991 MOTION FOR EXPENSES
04/12/1991 MOTION TO HAVE DEFENDANT TRANSPORTED AND TO EXCLUDE
04/12/1991 THE STATE ATTORNEY'S OFFICE FROM BEING PRESENT
04/12/1991 DURING EXAMINATION OF DEFENDANT
04/12/1991 DEFENDANT'S MOTION IN LIMINE (#23) TO PRECLUDE TES
04/12/1991 TIMONY REGARDING ALLEGED SEMEN OR SPERM FOUND IN-
04/12/1991 SIDE THE VICTIM
04/12/1991 MOTION FOR CHANGE OF VENUE
04/12/1991 NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 ORDER
04/12/1991 NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 S/A NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 MOTION IN LIMINE
04/12/1991 S/A NOTICE OF HEARING FOR 041791 & 041891
04/12/1991 MOTION IN LIMINE
04/15/1991 ORDER ON MOTION TO ADVANCE CASE ON TRIAL DOCKET
04/15/1991 ORDER ON MOTIONS TO DISQUALIFY
04/15/1991 STANDBY SUBPOENA FOR JURY TRIAL / OFFICER HARDEE / SERVED
04/16/1991 S/A NOTICE OF HEARING FOR 041691
04/16/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: ON SA'S
04/16/1991 AFFIDAVIT/PETITION FOR RULE TO SHOW CAUSE, COURT
04/16/1991 ORDERS DR AFIELD APPEAR IN COURT 041891 @ 10 AM
04/16/1991 AFFIDAVIT/PETITION FOR RULE TO SHOW CAUSE
04/16/1991 NOTICE OF HEARING FOR 041791 & 041891
04/16/1991 MOTION FOR CONSOLIDATION
04/17/1991 ORDER NUNC PRO TUNC FOR EXPEDITED TRANSCRIPT
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/17/1991 MOTION & ORDER TO PAY TOUCH OF ART GALLERY $58.68
04/17/1991 MOTION & ORDER TO PAY SPEEDY PHOTO $246.35
04/17/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA ORAL
04/17/1991 MOTION TO SET TRIAL DATE CERTAIN DENIED
04/18/1991 COURT APPEARANCE RECORD PREPARED BY CLERK: DA
04/18/1991 MOTION FOR AUTHORIZATION TO EMPLOY A JURY SELEC-
04/18/1991 TION CONSULTANT DENIED; DA MOTION TO PROHIBIT AR-
04/18/1991 GUMENT AND/OR INSTRUCTIONS CONCERNING FIRST DEGREE
04/18/1991 MURDER DENIED; DA MOTION TO PROHIBIT IMPROPER AND
04/18/1991 UNETHICAL PRE-TRIAL PUBLICITY GRANTED; DA MOTION
04/18/1991 TO PRECLUDE DEATH AS A POSSIBLE PUNISHMENT AND/OR
04/18/1991 TO QUESTION PROSECUTOR REGARDING HIS GOOD FAITH IN
04/18/1991 SEEKING THE DEATH PENALTY DENIED; DA MOTION FOR
04/18/1991 PRE-TRIAL RULING ON ADMISSIBILITY OF PENALTY PHASE
04/18/1991 EVIDENCE DENIED; DA MOTION TO DECLARE SECTION
04/18/1991 922.10 FLA STATUTES UNCONSTITUTIONAL DENIED; DA
04/18/1991 MOTION TO DECLARE SECTION 921.141 FLA STATUTES
04/18/1991 UNCONSTITUTIONAL DENIED; DA MOTION FOR INDIVIDUAL
04/18/1991 VOIR DIRE AND SEQUESTRATION OF JURORS DURING VOIR
04/18/1991 DIRE RESERVED; DA MOTION TO DECLARE DEATH NOT A
04/18/1991 POSSIBLE SENTENCE DENIED; DA MOTION TO PRECLUDE
04/18/1991 CHALLENGE FOR CAUSE DENIED; DA MOTION FOR ADDIT-
04/18/1991 IONAL JURY INSTRUCTIONS REGARDING VOIR DIRE ON
04/18/1991 CAPITAL CASE RESERVED; DA MOTION FOR STATEMENT OF
04/18/1991 AGGRAVATING CIRCUMSTANCES DENIED; DA MOTION IN
04/18/1991 LIMINE DENIED; DA MOTION FOR STATEMENT OF PARTIC-
04/18/1991 ULARS DENIED
04/18/1991 ORDER-STATE IS PERMITTED TO REDACT TAPE CONFESSION
04/18/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
04/18/1991 SA-SUB FOR TRIAL SERVED OFF PANICHELLO,SPD 041591
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/18/1991 SA-SUB FOR TRIAL SERVED OFF J DENIRO,SPD 041591
04/18/1991 SA-SUB FOR TRIAL SERVED DET SOWDER,SPD 041591
04/19/1991 DEPOSITION OF DR DANIEL SPREHE, M.D. TAKEN 041691
04/19/1991 SA-NOTICE OF TAKING DEPOSITION
04/19/1991 MOTION TO PROHIBIT ANY REFERENCE TO THE ADVISORY
04/19/1991 ROLE OF THE JURY AT SENTENCING
04/19/1991 PETITION & ORDER TO PAY THE REPORTERS GROUP, INC
04/19/1991 $877.25
04/22/1991 MOTION & ORDER TO PAY DR DANIEL SPREHE $1,125.00
04/22/1991 ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS
04/22/1991 STATEMENTS, ADMISSIONS OR CONFESSIONS
04/22/1991 DEF'S AMENDED WITNESS LIST (PENALTY PHASE ONLY)
04/22/1991 ORDER DENYING DEF'S PETITION FOR REHEARING ON
04/22/1991 DEF'S AMENDED MOTION TO SUPPRESS STATEMENTS, AD-
04/22/1991 MISSIONS OR CONFESSIONS, MOTION TO COMPEL DISCOV-
04/22/1991 ERY AND MOTION FOR AMENDED ORDER DENYING DEF'S
04/22/1991 AMENDED MOTION TO SUPPRESS STATEMENTS, ADMISSIONS
04/22/1991 OR CONFESSIONS
04/22/1991 LETTER FROM T HOCKETT TO JUDGE SILVERTOOTH
04/22/1991 ORDER ON DEF'S MOTION TO AMEND ORDER DENYING DEF'S
04/22/1991 MOTION TO SUPPRESS STATEMENTS, ADMISSIONS OR CON-
04/22/1991 FESSIONS (UNSIGNED)
04/22/1991 ORDER ON DEF'S AMENDED PETITION FOR REHEARING ON
04/22/1991 DEF'S AMENDED MOTION TO SUPPRESS STATEMENTS, AD-
04/22/1991 MISSIONS OR CONFESSIONS AND MOTION TO COMPEL DIS-
04/22/1991 COVERY (UNSIGNED)
04/24/1991 ORDER (ON COMPETENCY)
04/26/1991 ORDER ON DEF'S MOTION TO TRANSPORT DEF TO DR
04/26/1991 AFIELD'S OFFICE & TO EXCLUDE THE STATE FROM ATTEN-
04/26/1991 DING - DENIED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/26/1991 ORDER ON DEF'S MOTION FOR DR OFSHE'S EXPENSES -
04/26/1991 GRANTED (REASONABLE EXPENSE)
04/29/1991 MOTION & ORDER TO PAY THE REPORTERS GROUP $327.75
04/29/1991 MOTION & ORDER TO PAY DR SIDNEY MERIN $1,150.00
04/29/1991 ORDER NUNC PRO TUNC FOR EXPEDITED TRANSCRIPT
04/30/1991 MOTION TO SEQUESTER THE JURY DURING TRIAL
05/01/1991 CHALLENGE TO PANEL: DENIED
05/01/1991 WITHDRAWAL OF INSANITY DEFENSE
05/01/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/01/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/01/1991 ORDER FINDING DEFENDANT COMPETENT TO PROCEED WITH
05/01/1991 TRIAL ON 042991
05/03/1991 ORDER ON DEF'S MOTION TO PRECLUDE DEATH AS A POS-
05/03/1991 SIBLE PUNISHMENT AND TO QUESTION THE PROSECUTOR'S
05/03/1991 GOOD FAITH: DENIED
05/03/1991 ORDER ON DEF'S MOTION FOR STATEMENT OF PARTICULARS
05/03/1991 DENIED
05/03/1991 ORDER ON DEF'S MOTION TO PROHIBIT ARGUMENT AND/OR
05/03/1991 INSTRUCTIONS CONCERNING 1ST DEGREE FELONY MURDER:
05/03/1991 DENIED
05/03/1991 ORDER ON DEF'S MOTION TO EMPLOY JURY SELECTION
05/03/1991 CONSULTANT: DENIED
05/03/1991 ORDER ON DEF'S MOTION TO DECLARE SECTION 922.10
05/03/1991 UNCONSTITUTIONAL: DENIED
05/03/1991 ORDER ON DEF'S MOTION FOR PRE-TRIAL RULING OF AD-
05/03/1991 MISSIBILITY OF PENALTY PHASE EVIDENCE: DENIED
05/03/1991 ORDER ON DEF'S MOTION TO PRECLUDE CHALLENGE FOR
05/03/1991 CAUSE: DENIED
05/03/1991 ORDER ON DEF'S MOTION TO DECLARE SECTION 921.141
05/03/1991 UNCONSTITUTIONAL: DENIED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/03/1991 ORDER ON DEF'S MOTION FOR STATEMENT OF AGGRAVATING
05/03/1991 CIRCUMSTANCES: DENIED
05/06/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/06/1991 MOTION & ORDER TO PAY PATRICK BAKER $150.00
05/06/1991 MOTION & ORDER TO PAY PATRICK BAKER $337.50
05/06/1991 MOTION & ORDER TO PAY HATIN COURT REPORTING $79.00
05/06/1991 MOTION & ORDER TO PAY DR GREGORY DECLUE $100.00
05/06/1991 MOTION RECORD PREPARED BY CLERK: 043091 MOTION TO
05/06/1991 SEQUESTER JURY DURING TRIAL-DENIED, MOTION TO CONT
05/06/1991 RESERVE RULING, MOTION TO CONSOLIDATE-RESERVE RUL-
05/06/1991 ING, 050191 MOTION FOR CONT-RESERVED RULING, MOT
05/06/1991 TO CONSOLIDATE-RESERVE RULING, MOTION TO CHALLENGE
05/06/1991 TO PANEL-DENIED, 050291 MOTION TO CONSOLIDATE-RE-
05/06/1991 SERVE RULING, 050691 D/A MOTION TO COMPEL-GRANTED
05/06/1991 (W/IN 5 DAYS), D/A MOTION TO COMPEL NOTES-GRANTED,
05/06/1991 NOTES ARE TO BE PROVIDED W/IN 5 DAYS OR JUDGE WILL
05/06/1991 NOT ALLOW MR BENNETT AS A WITNESS, D/A RENEWS MOT
05/06/1991 TO SEQUESTER JURY-DENIED
05/06/1991 JURY SEATING CHART (3 PAGES)
05/13/1991 SA-NOTICE OF TAKING DEPOSITION
05/13/1991 MOTION AND ORDER TO PAY PATRICK BAKER $337.50
05/13/1991 MOTION AND ORDER TO PAY PATRICK BAKER $337.50
05/13/1991 PD-WITNESS SUB FOR TRIAL SERVED TIM FOWLER 051391
05/13/1991 DEFENDANT'S AMENDED WITNESS LIST
05/14/1991 MOTION IN LIMINE AS TO HAIR COMPARISON EVIDENCE
05/14/1991 MOTION IN LIMINE AS TO FIBER COMPARISON EVIDENCE
05/14/1991 MOTION TO DISMISS INDICTMENT AND MOTION TO CHALL-
05/14/1991 ENGE GRAND JURY PANEL
05/14/1991 NOTICE OF HEARING FOR 051691
05/14/1991 MOTION IN LIMINE AS TO PHOTOGRAPHS OF THE VICTIM
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/15/1991 AMENDED NOTICE OF HEARING FOR 051691
05/15/1991 MOTION TO APPOINT EXPERT WITNESS IN THE FEILD OF
05/15/1991 HAIR AND FIBER ANALYSIS
05/15/1991 NOTICE OF HEARING FOR 051691
05/15/1991 MOTION FOR DISCHARGE
05/15/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/15/1991 AMENDED SUPP STATE'S RESPONSE TO DEFENSE DEMAND
05/15/1991 FOR DISCOVERY
05/15/1991 PETIITON & ORDER TO PAY HATIN COURT RPTG $14.40
05/15/1991 MOTION & ORDER TO PAY DR ROBERT STEELE $300.00
05/15/1991 PETITION & ORDER TO PAY DR DANIEL SPREHE $900.00
05/15/1991 MOTION & ORDER TO PAY DIANE MILLER & ASSOC $24.00
05/15/1991 PD-WITNESS SUB FOR HEARING SERVED CHERYL BOTTORFF
05/15/1991 051591
05/16/1991 MOTION & ORDER TO PAY KATHARINE H PRATT $148.10
05/16/1991 DEFENDANT'S AMENDED WITNESS LIST
05/16/1991 PD-NOTICE OF TAKING DEPOSITION
05/16/1991 ORDER DENYING DEFENDANT'S MOTION IN LIMINE AS TO
05/16/1991 FIBER COMPARISON
05/16/1991 ORDER DENYING DEFENDANT'S MOTION IN LIMINE AS TO
05/16/1991 HAIR COMPARISON
05/16/1991 ORDER APPOINTING EXPERT WITNESS IN THE FIELD OF
05/16/1991 HAIR AND FIBER ANALYSIS
05/16/1991 ORDER DENYING DEFENDANT'S MOTION IN LIMINE AS TO
05/16/1991 PHOTOGRAPHS OF THE VICTIM
05/16/1991 ORDER DENYING DEFENDANT'S MOTION TO DISMISS INDICT
05/16/1991 MENT
05/16/1991 ORDER DENYING DEFENDANT'S MOTION TO CHALLENGE
05/16/1991 GRAND JURY PANEL
05/16/1991 EVIDENCE RECORD
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/16/1991 COPY OF TRANSCRIPT OF STATEMENT OF E. JOHNSON
05/16/1991 MOTION RECORD PREPARED BY CLERK: S/A MOTION TO
05/16/1991 REDACT TAPE-GRANTED, D/A MOTION IN LIMINE AS TO
05/16/1991 HAIR COMPARISON EVIDENCE-DENIED, D/A MOTION IN
05/16/1991 LIMINE AS TO FIBER COMPARISON EVIDENCE-DENIED, D/A
05/16/1991 MOTION TO APPOINT EXPERT WITNESS IN THE FIELD OF
05/16/1991 HAIR AND FIBER ANALYSIS-GRANTED, D/A MOTION IN
05/16/1991 LIMINE AS TO PHOTOGRAPHS OF THE VICTIM-DENIED, D/A
05/16/1991 MOTION TO DISMISS INDICTMENT-DENIED, D/A MOTION TO
05/16/1991 CHALLENGE GRAND JURY PANEL-DENIED, MOTIONS IN
05/16/1991 LIMINE #1-#22 DENIED, MOTION IN LIMINE #23-RESERVE
05/16/1991 AT THIS TIME, D/A MOTION TO PROHIBIT ANY REFERENCE
05/16/1991 TO ADVISORY ROLE OF JURY AT SENTENCING-RESERVED,
05/16/1991 D/A MOTION FOR DISCHARGE-NOT HEARD, TO BE RESET
05/16/1991 PET & ORDER TO PAY NEUROPSYCHIATRIC INSTITUTE
05/16/1991 $400.00
05/16/1991 MOTION & ORDER TO PAY PATRICK BAKER $525.00
05/17/1991 NOTICE OF HEARING, MOTION 5/20/91
05/17/1991 MOTION TO SUPPRESS PHYSICAL EVIDENCE
05/20/1991 ORDER DENYING D/A MOTION FOR CHANGE OF VENUE
05/20/1991 ORDER DENYING D/A MOTION FOR INDIVIDUAL VOIR DIRE
05/20/1991 AND SEQUESTRATION OF JURORS
05/20/1991 ORDER DENYING D/A MOTION TO DECLARE DEATH NOT A
05/20/1991 POSSIBLE SENTENCE
05/20/1991 ORDER GRANTING D/A MOTION FOR ADDITIONAL INSTRUCT-
05/20/1991 IONS REGARDING VOIR DIRE
05/20/1991 MOTION & ORDER TO PAY DR DANIEL J SPREHE $1,250.00
05/21/1991 CASE EVIDENCE CHECK OUT RECEIPT FOR EXHIBITS
05/21/1991 AMENDED DEFENDANT'S WITNESS LIST (PENALTY PHASE)
05/21/1991 PD-WITNESS SUB FOR TRIAL SERVED SGT SELZER,SPD
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/21/1991 052191
05/21/1991 PD-WITNESS SUB FOR TRIAL SERVED DET CONNER,SPD
05/21/1991 052191
05/21/1991 PD-WITNESS SUB FOR TRIAL SERVED SGT R STANTON,SPD
05/21/1991 051791
05/23/1991 SECOND AMENDED DEFENDANT'S WITNESS LIST (PENALTY
05/23/1991 PHASE)
05/23/1991 PD-NOTICE OF TAKING DEPOSITION
05/23/1991 MOTION & ORDER TO PAY NORTON CAMERA & VIDEO $16.50
05/23/1991 MOTION & ORDER TO PAY PATRICK BAKER $375.00
05/23/1991 MOTION & ORDER TO PAY PATRICK BAKER $ 75.00
05/23/1991 MOTION & ORDER TO PAY BLUE LINE, INC $17.12
05/24/1991 VERDICT-GUILTY OF MURDER IN THE FIRST DEGREE
05/24/1991 JURY INSTRUCTIONS
05/24/1991 COURT APPEARANCE RECORD: DEF FOUND GUILTY BY JURY,
05/24/1991 DEF IS TO REMAIN IN CUSTODY PENDING SENTENCING ON
05/24/1991 TUES 052891 AT 1PM
05/24/1991 MOTION RECORD: D/A MOTION FOR CONTACT VISIT-RESERVED
05/24/1991 AT THIS TIME
05/24/1991 TRIAL RECORD PREPARED BY CLERK: JUDGE A OWENS,
05/24/1991 STATE ATTY E MORELAND/D DENNEY/D NALES, DEF ATTY
05/24/1991 E METCALFE/T HOCKETT/A TEBRUGGE, CT RPTR B PUTNAM,
05/24/1991 CLERK K BILLINGSLEY, JURY SWORN 052091 AT 10:50 AM
05/24/1991 STATE WITNESSES SWORN 052091 BERTY CLINE, OFC MARK
05/24/1991 MILLER, OFC JACK SAPP, SGT DAVID HARRINGTON, WIT-
05/24/1991 NESSES SWORN 052191 JOCELYN REAMS, MADELYN LUZIER,
05/24/1991 VIRGINIA CASEY-ID DEF, SGT HOWARD HICKOK-ID DEF,
05/24/1991 LEONARD P DREIBELBIS, WITNESSES SWORN 052291 PAUL
05/24/1991 BENNETT FBI, VIRGINIA CASEY (RECALLED), DEF B J
05/24/1991 SULLIVAN-ID DEF, WILLIAM WORLINE, OFC DANIAL
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/24/1991 PRESTIA, DEF PAUL SUTTON-ID DEF, SGT ROBERT SUTTON
05/24/1991 ID DEF, WITNESS SWORN 052391 DR WILLIAM CLACK,
05/24/1991 DEFENSE WITNESSES SWORN ROBERT KOPEC, OFC KENNETH
05/24/1991 CASTRO, DET GORDON SOWDER, SGT GARY SELZER, DET
05/24/1991 GEORGE CONNOR, TECH JAMES TUTSOCK, JOCELYN REAMS,
05/24/1991 PRETRIAL MOTIONS-D/A MOTION FOR DISCHARGE-DENIED,
05/24/1991 D/A MOTION TO SUPPRESS PHYSICAL EVIDENCE-DENIED,
05/24/1991 D/A MOTION IN LIMINE AS TO SEMEN FOUND IN VICTIM-
05/24/1991 RESERVED AT THIS TIME, RICHARDSON HEARING (REF:
05/24/1991 PHOTO) HELD, D/A ORAL MOTION FOR CHANGE OF VENUE-
05/24/1991 DENIED, D/A RENEWS ITS MOTION TO SUPPRESS-DENIED,
05/24/1991 D/A RENEWS ITS MOTION TO SUPPRESS PHYSICAL EVIDENC
05/24/1991 DENIED, D/A MOTION FOR MISTRIAL-DENIED, D/A RENEWS
05/24/1991 ITS MOTION TO SUPPRESS ADMISSIONS STATEMENTS AND
05/24/1991 CONFESSIONS-DENIED, D/A MOTION FOR MISTRIAL-DENIED
05/24/1991 D/A MOTION FOR JUDGMENT OF ACQUITTAL-DENIED AS TO
05/24/1991 BOTH COUNTS, D/A RENEWS MOTION FOR JUDGMENT OF
05/24/1991 ACQUITTAL-DENIED AS TO BOTH COUNTS, D/A MOTION FOR
05/24/1991 MISTRIAL-DENIED, JURY INSTRUCTIONS FILED, SIGNED
05/24/1991 VERDICT RECEIVED, JURY POLLED
05/28/1991 MOTION RECORD: D/A MOTION FOR CONTACT VISIT-GRANT
05/28/1991 ORDER TO FOLLOW
05/28/1991 ORDER FOR CONTACT VISIT
05/28/1991 DEFENDANT'S SPECIAL REQUESTED JURY INSTRUCTION NO.
05/28/1991 :4--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:5--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:6--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/28/1991 INSTRUCTION NO.:7--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:8--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:9--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:10--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:11--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:12--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:13--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:14--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:15--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:16--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:17--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:18--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:19--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:20--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:21--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/28/1991 INSTRUCTION NO.:22--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:23--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:24--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:25--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:26--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:27--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION NO.:28--DENIED
05/28/1991 DEFENDANT'S PENALTY PHASE SPECIAL REQUESTED JURY
05/28/1991 INSTRUCTION (HAND WRITTEN) --DENIED
05/29/1991 MARKED COPY OF TRANSCRIPT OF STATEMENT TAKEN FROM
05/29/1991 E. JOHNSON
05/29/1991 COPY OF TRANSCRIPT OF STATEMENT TAKEN FROM E.
05/29/1991 JOHNSON
05/29/1991 SUPP STATE'S RESPONSE TO DEF DEMAND FOR DISCOVERY
05/29/1991 PD-SUB DUCES TECUM SERVED JAMES TUTSOCK,SPD 052091
05/29/1991 PD-WITNESS SUB SERVED TECH J TUTSOCK,SPD 051791
05/29/1991 PD-SUB DUCES TECUM SERVED TECH J REAMS,SPD 052091
05/29/1991 PD-WITNESS SUB SERVED TECH J REAMS,SPD 051791
05/29/1991 PD-SUB DUCES TECUM SERVED NADINE GARBER,SPD 051791
05/29/1991 PD-WITNESS SUB SERVED DET SOWDER,SPD 052191
05/29/1991 PD-WITNESS SUB SERVED OFF K CASTRO,SPD 052291
05/29/1991 PD-WITNESS SUB SERVED DET KIMBALL,SPD 052191
05/29/1991 PD-WITNESS SUB N/SERVED OFF R KORICH,SPD 051791
05/30/1991 COURT APPEARANCE RECORD: JURY VOTES 8 TO 4 THAT
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
05/30/1991 THE DEFENDANT BE SENTENCED TO DEATH. DEFENDANT IS
05/30/1991 TO REMAIN IN SCJ PENDING SENTENCING
05/30/1991 PENALTY PHASE RECORD: JUDGE: A OWENS; STATE ATTY:
05/30/1991 E MORELAND/D DENNEY/D NALES; DEF ATTY: E METCALF/
05/30/1991 T HOCKETT/A TEBRUGGE; CLERK: K BILLINGSLEY; COURT
05/30/1991 REPORTER: M MILLER. STATE WITNESSES SWORN: LAWANDA
05/30/1991 GIDDENS-I'D DEF, KATE CORNELL-GOODMAN-I'D DEF.
05/30/1991 DEFENSE WITNESSES SWORN: KENNETH JOHNSON, BRIDGET
05/30/1991 CHAPMAN-I'D DEF, HENRY B JOHNSON-I'D DEF, LEE
05/30/1991 JOHNSON-I'D DEF, MARVIN JOHNSON-I'D DEF, EVELYN
05/30/1991 SYPRETT, JIM SYPRETT, MARGIE JOHNSON-I'D DEF,
05/30/1991 CLARIA LEWIS-I'D DEF, ANGELIA JOHNSON-I'D DEF,
05/30/1991 CHARLENE JOHNSON, WENDY FIATA-I'D DEF. DA MOTION
05/30/1991 VERDICT: PENALTY PHASE
05/30/1991 TO DECLARE DEATH NOT A POSSIBLE SENTENCE: DENIED,
05/30/1991 DA MOTION FOR MISTRIAL: DENIED, DA MOTION FOR MIS-
05/30/1991 TRIAL: DENIED, DA MOTION FOR NEW SENTENCING HEAR-
05/30/1991 ING: DENIED, DA MOTION FOR MISTRIAL: DENIED
05/30/1991 COPY OF JURY INSTRUCTIONS FROM THE PENALTY PHASE
05/30/1991 JURY QUESTION FROM PENALTY PHASE
05/30/1991 EVIDENCE RECORDS #446, 448, 449, 314, 315
05/30/1991 EVIDENCE RECORDS #450, 394, 395
05/30/1991 EVIDENCE RECORDS #390, 391, 392, 393
05/30/1991 PROPERTY RECORDS #113069, #113069 (DUP), #113071,
05/30/1991 #113072, #113073, #113073 (DUP), #113076, #113077,
05/30/1991 #113080, #113082, #113359
05/31/1991 DA MOTION FOR NEW TRIAL
06/03/1991 PD-WITNESS SUB SERVED RENA LAMPHER 051791
06/03/1991 PD-WITNESS SUB SERVED TIM FOWLER 051791
06/03/1991 PD-SUB DUCES TECUM FOR TRIAL SERVED KAREN RUSHING,
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/03/1991 CLERK OF COURT 051791
06/03/1991 PD-WITNESS SUB SERVED ROBERT HOLIDAY 051791
06/03/1991 PD-WITNESS SUB SERVED KENNETH JOHNSON 052891
06/03/1991 MOTION & ORDER TO PAY THE REPORTERS GROUP $327.75
06/11/1991 JUDGMENT RECORDED BK 2304 PG 976, 977
06/17/1991 CASE EVIDENCE CHECK OUT/RECEIPT FOR EXHIBITS
06/17/1991 MOTION & ORDER TO PAY PATRICK BAKER $225.00
06/17/1991 MOT & ORDER TO PAY NORTON CAMERA & VIDEO $210.00
06/17/1991 PET & ORDER TO PAY AAA TRAVEL AGENCY $3420.00
06/17/1991 PET & ORDER TO PAY MORRIS-KOPEC FORENSICS $2000.00
06/17/1991 PETITION & ORDER TO PAY DIPLOMAT TAXI $75.00
06/17/1991 PETITION & ORDER TO PAY HATIN COURT RPTG $84.00
06/17/1991 PET & ORDER TO PAY DIANE MILLER & ASSOC $73.60
06/17/1991 PET & ORDER TO PAY DR MICHAEL MAHER $1410.00
06/19/1991 NOTICE OF HEARING 061991 REF: MOTION FOR NEW TRIAL
06/19/1991 COURT APPEARANCE RECORD: DA MOTION FOR NEW TRIAL
06/19/1991 TAKEN UNDER ADVISEMENT
06/20/1991 REOPENED FOR SENTENCING
06/20/1991 ORDER ON DEFENDANT'S MOTION FOR NEW TRIAL--DENIED
06/24/1991 MOTION & ORDER TO PAY DIPLOMAT TAXI $10.80
06/24/1991 PETITION & ORDER TO PAY HOLIDAY INN $488.40
06/25/1991 DEFENDANT'S SENTENCING MEMORANDUM
06/27/1991 WAIVER OF PRESENTENCE INVESTIGATION
06/27/1991 C.C.'S OF COURT MINUTES & INFO. FROM ORANGE CO.
06/27/1991 SENTENCING HEARING RECORD: PAM COLEMAN SWORN AS
06/27/1991 STATE WITNESS; DA AMENDED MOTION FOR NEW TRIAL
06/27/1991 (88-3200F & 88-3438F) DENIED, DA MOTION TO PRODUCE
06/27/1991 SENTENCING GUIDELINES GRANTED, DA MOTION TO STRIKE
06/27/1991 PRE-SENTENCE INVESTIGATION MOOT, DA MOVES TO WAIVE
06/27/1991 PRE-SENTENCE INVESTIGATIONS ON ALL REMAINING CASES
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/28/1991 COURT APPEARANCE RECORD: DEF SENTENCED TO DEATH,
06/28/1991 TO RUN CONSEC TO 88-3200F,88-3198F,88-3438F,
06/28/1991 88-3246F & 88-3202F, COURT STIPS UPWARD DEPARTURE,
06/28/1991 COURT COSTS AND ATTY'S FEES WAIVED
06/28/1991 SENTENCED BY A D OWENS
06/28/1991 SENTENCING MEMORANDUM (STATE'S)
06/28/1991 ORDER (ON AGGRAVATING/MITIGATING CIRCUMSTANCES AND
06/28/1991 JUDGE'S SENTENCE)
06/28/1991 CASE EVIDENCE CHECK-BACK RECEIPT FOR EXHIBIT(S)
06/28/1991 CASE EVIDENCE CHECK-BACK RECEIPT FOR EXHIBIT(S)
06/28/1991 UNIFORM COMMITMENT TO CUSTODY OF D.O.C.
07/02/1991 JUDGMENT (AMENDED NUNC PRO TUNC TO 052491 TO RE-
07/02/1991 FLECT CORRECT DEGREE OF CRIME) RECORDED BK 2310
07/02/1991 PG 900, 901
07/03/1991 MOTION & ORDER TO PAY BLUE LINE, INC $16.05
07/03/1991 MOTION & ORDER TO PAY DIANE MILLER & ASSOC COURT
07/03/1991 REPORTERS $328.00
07/11/1991 AFFIDAVIT OF INSOLVENCY FOR PURPOSE OF APPEAL W/
07/11/1991 ORDER
07/19/1991 NOTICE OF APPEAL
07/19/1991 DESIGNATION TO COURT REPORTER
07/19/1991 WRITTEN DIRECTIONS TO THE CLERK
07/19/1991 STATEMENT OF JUDICIAL ACTS TO BE REVIEWED
07/22/1991 NOTICE OF FILING DEPOSITION OF DR. MAHER
07/22/1991 NOTICE OF FILING DEPOSITION OF DR. AFIELD
07/30/1991 MOTION & ORDER TO PAY DR SIDNEY J MERIN $3,500.00
07/30/1991 MOTION & ORDER TO PAY VIKING VIDEO $175.00
07/30/1991 MOTION & ORDER TO PAY VIKING VIDEO $175.00
07/30/1991 AMENDED DESIGNATION TO COURT REPORTER
08/07/1991 LETTER FROM CLERK TO DCA RE: ORDER OF INSOLVENCY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/15/1991 PET & ORDER TO PAY AAA TRAVEL AGENCY $2,359.00
08/15/1991 PETITION & ORDER TO PAY HOLIDAY INN $487.81
08/15/1991 PETITION & ORDER TO PAY DIPLOMAT TAXI $225.00
08/19/1991 LETTER FROM SUPREME CT TO CLERK RE: EXTENSION OF
08/19/1991 TIME UNTIL 11/21/91 W/INSTRUCTIONS TO CLERK
08/19/1991 RECEIPT
09/04/1991 PETITION & ORDER TO PAY SUPREME COURT OF FLORIDA,
09/04/1991 TALLAHASSEE $250.00
11/04/1991 DESIGNATION OF PD TENTH JUDICIAL CIRCUIT FOR
11/04/1991 HANDLING OF APPEAL
11/06/1991 PET & ORDER FOR PAYMENT TO MARTHA MILLER (COURT
11/06/1991 REPORTER) $1458.20
11/13/1991 PET & ORDER FOR COST TO PAY DR MAHER $2480.00
11/14/1991 LETTER FROM CLERK TO SUPREME CT RE: REQUEST FOR
11/14/1991 EXTENSION ON 1 WEEK TO COMPLETE APPEAL RECORD
11/22/1991 ORDER GRANTING EXTENSION TO 12/02/91 FROM SUPREME
11/22/1991 CT
11/25/1991 MOTION & ORDER FOR PAYMENT TO PAY DR MICHAEL S
11/25/1991 MAHER $960.00
11/27/1991 CASE EVIDENCE CHECK OUT RECEIPT FOR EXHIBITS
12/04/1991 INDEX & COVERSHEET W/APPEAL SENT TO SUPREME CT
12/04/1991 ALONG W/48 APPEAL VOLUMES:SENT FEDERAL EXPRESS
12/04/1991 CASE EVIDENCE CHECK OUT RECEIPT FOR EXHIBITS
12/09/1991 ORDER GRANTING CONT FROM SUPREME CT TO 12/06/91
12/28/1991 MEMORANDUM IN SUPPORT OF DEFS MOTION TO DECLARE
12/28/1991 SECT. 921.141 F.S. UNCONSTITUTIONAL
02/11/1993 PETITION & ORDER FOR COSTS IN THE AMOUNT OF $400
02/11/1993 TO NEUROPSYCHIATRIC INSTITUTE
06/28/1993 PET AND ORDER FOR COSTS PAYABLE TO TOBEY C HOCKETT
06/28/1993 IN THE AMOUNT OF $32.80 W/ATTACHMENTS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/25/1995 MANDATE & OPINION RET.FROM SUPREME CT OF FLORIDA
10/25/1995 FOR APPEAL 78,336 AFFIRMED ISSUED 07/13/95 FINAL
10/25/1995 10/23/95 (ACK)
10/25/1995 ORDER FROM SUPREME CT.OF FLORIDA FOR APPEAL 78,336
10/25/1995 APPELLANT'S MOTION FOR REHEARING IS HEREBY DENIED
10/25/1995 09/22/95 (ACK)
01/27/1997 ORDER OF THE COURT SUPREME COURT OF FLORIDA
01/27/1997 03/10/97 (ACK)
03/24/1997 COVER LETTER FROM STEPHEN KISSINGER, LAW OFFICE OF
03/24/1997 CAPITAL COLLATERAL REPRESENTATIVE, DATED 3-21-97
03/24/1997 (3-26/MDM)
03/24/1997 MOTION TO VACATE JUDGMENTS OF CONVICTION AND
03/24/1997 SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND
03/24/1997 W/ATTACHED VERIFICATION, C:SUPREME COURT OF FL
03/24/1997 ORDER GRANTING EXTENSIONS OF TIME, AND C:
03/24/1997 TRANSCRIPT OF TEMPORARY RESTRAINING ORDER HRGN OF
03/24/1997 7-18-96 (PP 36-37 ONLY) (3-26/MDM)
03/27/1997 COVER LETTER FROM STEPHEN KISSINGER, CHIEF
03/27/1997 ASSISTANT CCR, DATED 3-24-97 (3-28/MDM)
03/27/1997 NOTICE OF FILING (3-28/MDM)
03/27/1997 C:CORRECTED LETTER TO EARL MORELAND, SAO, FROM
03/27/1997 PAUL MANN CCR INVESTIGATOR, DATED 3-24-97(3-28/MDM
03/27/1997 C:CORRECTED LETTER TO GEOFFREY MONGE, SHERIFF,
03/27/1997 FROM PAUL MANN, CCR INVESTIGATOR, OF 3-24-97
03/27/1997 (3-28/MDM)
03/27/1997 C:CORRECTED LETTER TO STEVE MARONEY, FDLE, FROM
03/27/1997 PAUL MANN, CCR INVESTIGATOR, OF 3-24-97 (3-28/MDM)
03/27/1997 C:CORRECTED LETTER TO ROBERT BUTTERWORTH, ATTY
03/27/1997 GENERAL, FROM PAUL MANN, CCR INVESTIGATOR, OF
03/27/1997 3-24-97 (3-28/MDM)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
03/27/1997 C:CORRECTED LETTER TO HARRY SINGLETARY, D.O.C.,
03/27/1997 FROM PAUL MANN, CCR INVESTIGATOR, OF 3-24-97
03/27/1997 W/ATTACHMENT (3-28/MDM)
03/27/1997 C:CORRECTED LETTER TO ROSE PONDER, FDLE, FROM PAUL
03/27/1997 MANN, CCR INVESTIGATOR, DATED 3-24-97 (3-28/MDM)
03/27/1997 C:CORRECTED LETTER TO JOHN LEWIS, SARASOTA POLICE
03/27/1997 DEPT, FROM PAUL MANN, CCR INVESTIGATOR, DATED
03/27/1997 3-24-97 (3-28/MDM)
03/27/1997 C:CORRECTED LETTER TO PEARSON CLACK, M.D., MEDICAL
03/27/1997 EXAMINER, FROM PAUL MANN, CCR INVESTIGATOR, DATED
03/27/1997 3-24-97 (3-28/MDM)
03/28/1997 COVER LETTER FROM STEPHEN KISSINGER, CHIEF
03/28/1997 ASSISTANT CCR, DATED 3-25-97 W/ATTACHED NOTICE OF
03/28/1997 FILING AND ORIGINAL DOMESTIC RETURN RECEIPT OF
03/28/1997 MAIL TO ROBERT BUTTERWORTH, ATTY GENERAL(3-28/MDM)
03/31/1997 COVER LETTER FROM STEPHEN KISSINGER, CHIEF
03/31/1997 ASSISTANT CCR, DATED 3-27-97 (4-1/MDM)
03/31/1997 NOTICE OF FILING W/ATTACHED C:DOMESTIC RETURN
03/31/1997 RECEIPT, ADDRESSEE:ATTY GENERAL ROBERT BUTTERWORTH
03/31/1997 (4-1/MDM)
04/02/1997 COVER LETTER FROM STEPHEN KISSINGER, CHIEF
04/02/1997 ASSISTANT, CCR, DATED 3-27-97 (4-2/MDM)
04/02/1997 NOTICE OF FILING (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174093951 TO ATTY GEN
04/02/1997 ROBERT BUTTERWORTH (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174094165 TO HARRY
04/02/1997 SINGLETARY, FLORIDA D.O.C. (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174093952 TO HARRY
04/02/1997 SINGLETARY, FLORIDA D.O.C. (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174094163 TO ROSE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/02/1997 PONDER, F.D.L.E. (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174094162 TO STEVE
04/02/1997 MARONEY, F.D.L.E. (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174094164 TO DR. W.
04/02/1997 PEARSON CLACK, MEDICAL EXAMINER (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174094245 TO SHERIFF
04/02/1997 GEOFFREY MONGE (4-2/MDM)
04/02/1997 DOMESTIC RETURN RECEIPT #P-174094161 TO EARL
04/02/1997 MORELAND, STATE ATTORNEY'S OFFICE (4-2/MDM)
04/07/1997 COVER LETTER FROM OFFICE OF CAPITAL COLLATERAL
04/07/1997 REPRESENTATIVE DATED 4-2-97 (4-21/MDM)
04/07/1997 NOTICE OF FILING (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174093920 TO GEOFFREY
04/07/1997 MONGE, SSO (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174093921 TO EARL
04/07/1997 MORELAND, SAO (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174093948 TO DR. W.
04/07/1997 PEARSON CLACK, M.E. (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174093950 TO ROSE
04/07/1997 PENDER, FDLE (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174093949 TO STEVE
04/07/1997 MARONEY, FDLE (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174093958 TO JOHN LEWIS
04/07/1997 SARASOTA POLICE DEPT (4-21/MDM)
04/07/1997 DOMESTIC RETURN RECEIPT #P 174094244 TO CHIEF JOHN
04/07/1997 LEWIS, SPD (4-21/MDM)
04/25/1997 COVER LETTER TO CLERK FROM CANDANCE SABELLA, ASST
04/25/1997 ATTY GENERAL, DATED 4-21-97 (5-1/MDM)
04/25/1997 ATTORNEY GENERAL'S RESPONSE TO REQUEST FOR
04/25/1997 PRODUCTION AND NOTICE OF OBJECTIONS W/ATTACHED
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/25/1997 APPENDIX AND PLAINTIFF'S EXHIBITS "A," "B," AND
04/25/1997 "C" (C/JUDGE OWENS 5-1-97) (5-1/MDM)
05/13/1997 COVER LETTER FROM THERESA MARVIN, OFFICE OF CCR,
05/13/1997 DATED 5-9-97 (5-21/MDM)
05/13/1997 NOTICE OF FILING W/ATTACHED C:LETTER TO MARK
05/13/1997 SINGER, ATTORNEY FOR CITY OF SARASOTA (5-21/MDM)
05/15/1997 (CITY OF SARASOTA) OBJECTION TO REQUEST FOR
05/15/1997 PRODUCTION OF PUBLIC RECORDS, OR IN ALTERNATIVE,
05/15/1997 MOTION FOR PROTECTIVE ORDER (5-21/MDM)
05/16/1997 DEPARTMENT OF CORRECTIONS' RESPONSE TO DEFENDANT'S
05/16/1997 REQUEST FOR CAPITAL POST CONVICTION PUBLIC RECORDS
05/16/1997 PRODUCTION W/ATTACHMENTS (5-21/MDM)
05/19/1997 STATE ATTORNEY'S RESPONSE TO REQUEST FOR
05/19/1997 PRODUCTION AND NOTICE OF OBJECTIONS (5-21/MDM)
06/10/1997 ORDER OF THE SUPREME COURT OF FLORIDA MOT. TO TOLL
06/10/1997 TIME IS GRANTED UNTIL 090197 06/17/97 (ACK)
08/05/1997 COVER LETTER TO CLERK FROM CANDANCE SABELLA, ASST.
08/05/1997 ATTY GEN., DATED 8-1-97 (8-12/MDM)
08/05/1997 NOTICE OF APPEARANCE (BY CANDANCE SABELLA, ON
08/05/1997 BEHALF OF ATTY GENERAL AS CO-COUNSEL AS PER CS/HB
08/05/1997 1091; C/JUDGE OWENS 8-5-97) (8-12/MDM)
09/11/1997 COVER LETTER FROM TERRI BACKHUS, CHIEF ASSISTANT
09/11/1997 CCR, DATED 9-9-97 (9-16/MDM)
09/11/1997 NOTICE OF LOSS OF DESIGNATED COUNSEL (STEPHEN
09/11/1997 KISSINGER OF CCR, NOW KNOWN AS CAPITAL COLLATERAL
09/11/1997 REGIONAL COUNSEL; NO REPLACEMENT COUNSEL; C/FIRST
09/11/1997 & LAST PAGES RETURNED TO SENDER) (9-16/MDM)
06/08/1998 LETTER TO KAREN RUSHING FROM JOHN MOSER, CAPITAL
06/08/1998 COLLATERAL REGIONAL COUNSEL-MIDDLE RE: FILING OF
06/08/1998 ORIG DEF'S NOTICE OF FL SUPREME COURT ORDER
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/08/1998 061098/LAV
06/08/1998 DEF'S NOTICE OF FL SUPREME COURT ORDER W/ATTACHMNT
06/08/1998 061098/LAV
07/01/1998 CORRESPONDENCE
07/01/1998 NOTICE OF FLORIDA SUPREME COURT ORDER
07/02/1998 LETTER W/ATTACHMENTS TO BE INCLUDED IN THE NOTICE
07/02/1998 OF FLORIDA SUPREME COURT ORDER FROM CAPITAL COLL.
07/02/1998 REGIONAL COUNSEL MIDDLE REGION 07/06/98 (ACK)
12/29/1998 DA MOTION TO COMPEL W/ATTACHED COVER LETTER
12/29/1998 010299/LAV
03/24/1999 LETTER TO KAREN RUSHING FROM CAPT COLLATERAL OFFC
03/24/1999 W/ATTACHED NOTICE OF TELEPHONIC HEARING SET FOR
03/24/1999 04/07/99 032499MF
04/05/1999 COPY OF LETTER FROM GEOFFREY MONGE'S OFFICE RE:
04/05/1999 DOCUMENTS SENT TO CAPITAL COLLATERAL.(ARH)040699
04/07/1999 TELEPHONIC HRG HELD RE:DEFENSE MOTION TO COMPEL
04/07/1999 RELEASE OF PUBLIC RECORDS:
04/07/1999 JUDGE ANDREW OWENS,CLERK SHELLY LINTHICUM,STATE
04/07/1999 ATTY DENNIS NALES, DEFENDANT'S ATTY'S BY PHONE
04/07/1999 ABIGAIL DRESSEL & MR.AHMED. OTHER AGENCY REPRE-
04/07/1999 SENTATIVE'S REPORTING BY PHONE:ATTY GENERAL
04/07/1999 CANDANCE SABELLA,REP FROM FDLE MARK BREWER,REP
04/07/1999 FROM DEPT OF CORRECTIONS SUSAN SCHWARTZ,ATTY FOR
04/07/1999 SSO ELECTRA THEODORIDIS APPEARANCE WAIVED,ATTY FOR
04/07/1999 SPD MARK SINGER NOT AVAILABLE.
04/07/1999 *COURT FINDS RULE 3.852 NOT APPLICABLE-THESE ARE
04/07/1999 NOT REPOSITORY CASES.INSPECTION TO BE SET WITHIN
04/07/1999 45 DAYS FROM TODAY;WITHIN 90 DAYS FROM THAT
04/07/1999 PROPOSE ANY SUPPLEMENTAL REQUESTS.JUDGE TO HOLD
04/07/1999 INCAMERA INSPECTION RE:SPECIFIC ITEMS FROM SAO
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
04/07/1999 AND/OR SPD.//040799 SL
04/09/1999 OFFICE OF THE ATTORNEY GENERAL'S NOTICE OF
04/09/1999 TRANSMITTAL OF DOCUMENTS UNDER SEAL FOR IN CAMERA
04/09/1999 REVIEW 041299MF
04/09/1999 CORRESPONDENCE
04/16/1999 LETTER FROM THE OFFICE OF CAPITAL COLLATERAL
04/16/1999 NOTICE OF APPEARANCE BY MARK GRUBER 0416MF
08/16/1999 LETTER TO CLERK FROM MARK GRUBER
08/16/1999 NOTICE OF TELEPHONIC HEARING
08/31/1999 ORDER GRANTING DEFENDANT 60 DAYS TO FILE ANY AND ALL
08/31/1999 SUPPLEMENTAL RECORDS REQUEST
10/28/1999 NOTICE OF FILING 88-3198 GM
11/03/1999 CORRESPONDENCE
11/05/1999 NOTICE OF FILING; FILED#88003198 MM
12/20/1999 D.O.C.'S OBJECTION TO DEF'S REQUEST FOR ADDITIONAL RECORDS
02/14/2000 LETTER TO CLERK FROM MARK GRUBER, CAPITAL COLLATERAL
02/14/2000 REGIONAL COUNSEL LV
02/14/2000 DEFENDANT'S NOTICE OF FILING W/ATTACHMENTS LV
02/29/2000 MOTION HEARING 2000-03-13 15:00 N / 5C OWENS, ANDREW D
02/29/2000 NOTICE OF HEARING / CR
04/03/2000 ORDER ON PUBLIC RECORDS REQUEST AND COMPLIANCE WITH
04/03/2000 ATTACHED SEALED DOCUMENTS
04/03/2000 ORDER ON PUBLIC RECORDS REQUEST AND COMPLIANCE WITH
04/03/2000 ATTACHED SEALED DOCUMENTS
05/17/2000 ATT: INTERNAL AFFAIRS, FROM CAPITAL COLLATERAL REGIONAL COUNSEL MIDDLE
05/17/2000 REGION, TO CLERKS OFFICE
05/22/2000 AFFIDAVIT OF COUNSEL
05/22/2000 MOTION FOR ORDER AUTHORIZING RELEASE OF PUBLIC RECORDS
06/11/2001 SENTENCING 2001-07-31 15:00 N / 5C OWENS, ANDREW D
06/26/2001 COVER LETTER FROM REBECCA HUNT COURT COUNSEL (RM
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/26/2001 ORDER TO TRANSPORT PRISONER (RM
06/26/2001 ORDER SETTING STATUS CONFERENCE (RM
06/26/2001 ORDER SETTING STATUS CONFERENCE ( CERTIFIED COPY DATED JUNE 29, 2001 )
07/05/2001 ORDER SETTING STATUS CONFERENCE
07/31/2001 COURT APPEARANCE RECORD:DEFENDANT PRESENT,COURT ORDERS
07/31/2001 RETURN DEFENDANT TO DEPARTMENT OF CORRECTIONS TODAY,
07/31/2001 STATUS CONFERENCE-TIME TABLES SET FOR MOTIONS,ANSWERS,
07/31/2001 & HEARINGS,JUDGE OWENS PRESIDING (EHA)
08/14/2001 ORDER SETTING HEARING REGARDING PUBLIC RECORD (RM
08/14/2001 ORDER TO TRANSPORT (RM
08/14/2001 ORDER SETTING STATUS CONFERENCE (RM
08/14/2001 ORDER FOLLOWING STATUS CONFERENCE AND ORDER SETTING
08/14/2001 FILING DATES (RM
08/14/2001 CORRESPONDENCE
08/17/2001 MOTION HEARING 2001-10-16 15:00 N / 5C OWENS, ANDREW D
08/31/2001 MOTION HEARING 2001-09-04 15:00 N / 5C OWENS, ANDREW D
09/07/2001 NOTICE OF CHANGE OF ADDRESS FOR ATTY SINGER (RM
09/17/2001 NOTICE OF COMPLIANCE BY THE DEPT OF CORRECTONS WITH
09/17/2001 DEFENDANTS ADDITIONAL PUBLIC RECORDS REQUEST (RM
10/03/2001 ORDER FOLLOWING HEARING ON PUBLIC RECORDS & STATUS
10/03/2001 CONFERENCE (RM
10/03/2001 CORRESPONDENCE
10/10/2001 COVER LETTER FROM LAW OFFICE OF THE CAPITAL COLLATERAL(RM
10/10/2001 MOTION FOR ORDER DIRECTING STATE TO ANALYZE UNIDENTIFIED
10/10/2001 LATENT PRINT FOUND AT CRIME SCENE (RM
10/10/2001 NOTICE OF HEARING FOR OCT 16,2001 (RM
10/10/2001 MOTION FOR RELEASE OF EVIDENCE FOR SCIENTIFIC TESTING (RM
10/10/2001 CORRESPONDENCE
10/12/2001 COVER LETTER FOM MARK S GRUBER (RM
10/12/2001 MOTION TO COMPEL PRODUCTION (RM
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/12/2001 NOTICE OF HEARING FOR 10-16-2001 (RM
10/15/2001 COVER LETTER FROM MARK GRUBER (RM
10/15/2001 AMENDED MOTION TO COMPEL PRODUCTION (RM
10/15/2001 NOTICE OF HEARING FOR 10-16-2001 (RM
10/16/2001 RETURN MAIL/ORDER FOLLOWING HEARING ON PUBLIC RECORDS AND
10/16/2001 STATUS CONFERENCE (BE)
10/16/2001 TRIAL/MOTION RECORD:DEF PRESENT BY PHONE, JUDGE:OWENS, CLERK:
10/16/2001 KWAYNE, S/A:DENNIS NALES, D/A:MARK GRUBER & MS.GAYLORD, CT
10/16/2001 RPTR:GINGER SAVILLI. MOTION FOR ORDER DIRECTING STATE TO
10/16/2001 ANALYZE UNIDENTIFIED PRINT - GRANTED. MOTION FOR RELEASE OF
10/16/2001 EVIDENCE FOR TESTING - DENIED FOR EVIDENCE TO BE MAILED, ANYONE
10/16/2001 MAY VIEW EVIDENCE HERE. COURT RESERVES AS TO TRANSPORT OF
10/16/2001 EVIDENCE OUT OF JURISDICTION. AMENDED MOTION TO COMPEL
10/16/2001 PRODUCTION - GRANTED CLERK IS DIRECTED TO RESPOND W/IN 15
10/16/2001 DAYS FROM DATE OF ORDER TO MAKE HAIRS AVAILABLE FOR INSPECTION
10/16/2001 OR EXPLAIN WHERE THE HAIRS ARE. STATUS CONFERENCE IS CONT
10/16/2001 TO 1-15-02 AT 1:30PM
10/31/2001 MOTION HEARING 2002-01-15 13:30 N / 5C OWENS, ANDREW D
10/31/2001 RESPONSE TO MOTION TO COMPEL PRODUCTION - WITH ATTACHMENTS
10/31/2001 ATTACHMENTS: EXHIBIT A - COPY OF EVIDENCE RECORD
10/31/2001 EXHIBIT B - COPY OF OF LETTER FROM SUPREME COURT OF FLORIDA
11/01/2001 SUPPLEMENTAL CERTIFICATE OF SERVICE
11/02/2001 ORDER TO RELEASE EVIDENCE FOR SCIENTIFIC TESTING (RM
11/02/2001 ORDER TO COMPEL PRODUCTION (RM
11/02/2001 ORDER DIRECTING STATE TO ANALYZE UNIDENTIFIED
11/02/2001 LATENT PRINT FOUND AT CRIME SCENE (RM
11/07/2001 COVER LETTER FROM MARK GRUBER,ASSISTANT CCRC (RM
11/07/2001 NOTICE OF TELEPHONIC HEARING (RM
11/07/2001 MOTION HEARING 2001-11-16 11:30 N / 5C OWENS, ANDREW D
11/16/2001 COURT APPEARANCE RECORDS, DEFENDANT NOT PRESENT, ATTY
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
11/16/2001 PRESENT FOR DEFENDANT, STATUS CONFERENCE ON DEFENDANT'S
11/16/2001 ORDER TO COMPEL PRODUCTION -------- CLERK'S OFFICE EVIDENCE
11/16/2001 EXHIBITS R, S, T, X , EXAMINED BY COURT (CPN)
11/16/2001 AMENDED RESPONSE TO MOTION TO COMPEL PRODUCTION - FILED
11/16/2001 IN OPEN COURT 11-16-01 (CPN)
11/30/2001 ORDER SETTING STATUS CONFERENCE FOR 1-15-2002 (RM
12/26/2001 MOTION HEARING 2002-01-22 14:00 N / 5C OWENS, ANDREW D
12/26/2001 AMENDED ORDER SETTING STATUS CONFERENCE DATE & TIME CHANGE(RM
01/01/2002 CONVERSION: CONVERTED IMAGES, DATES SHOWN ON DOCUMENTS (1 OF 3)
01/01/2002 CONVERSION: CONVERTED IMAGES, DATES SHOWN ON DOCUMENTS (2 OF 3)
01/01/2002 CONVERSION: CONVERTED IMAGES, DATES SHOWN ON DOCUMENTS (3 OF 3)
01/22/2002 MOTION RECORD:DEF PRESENT BY PHONE, JUDGE OWENS; CLERK:
01/22/2002 KWAYNE; S/A:DENNIS NALES; D/A:MARK GRUBER & MS.GAYLORD; CT
01/22/2002 RPTR:J.GIBBS D/A MOTION FOR 30 DAY EXTENTION-GRANTED TO 3-4-02
01/22/2002 STATE HAS 60 DAYS FROM 3-4-02 TO RESPOND
02/14/2002 ORDER ON STATUS CONFERENCE (RM
02/19/2002 ORDER ON STATUS CONFERENCE (RM
03/04/2002 COVER LETTER FROM MARK S. GRUBER OF CAPITAL COLLATERAL (RM
03/04/2002 MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE (AS
03/04/2002 AMENDED) WITH SPECIAL REQUEST FOR LEAVE TO AMEND (RM
03/04/2002 VERIFICATION FROM DEFENDANT (RM
03/04/2002 APPENDIX AS TO MOTION TO VACATE JUDGMENT (RM
03/28/2002 ** CONVERTED EVENT HISTORY AS OF 03/28/2002 **
DATE/TIME TYPE LOCATION JUDGE
-------------------------------------------------------
03/13/2000 15:00 CMOT N OWENS, ANDREW D
07/31/2001 15:00 CSENT N OWENS, ANDREW D
09/04/2001 15:00 CMOT N OWENS, ANDREW D
10/16/2001 15:00 CMOT N OWENS, ANDREW D
11/16/2001 11:30 CMOT N OWENS, ANDREW D
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/22/2002 14:00 CMOT N OWENS, ANDREW D
04/26/2002 MOTION
05/13/2002 CORRESPONDENCE
05/13/2002 NOTICE-FILING
05/31/2002 ORDER SCHEDULING HEARING
06/09/2002 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 06/17/2002 TIME: 11:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
06/18/2002 MOTION
06/24/2002 ORDER SCHEDULING HEARING
06/25/2002 ORDER
06/27/2002 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 07/29/2002 TIME: 3:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
07/22/2002 TRANSCRIPT WITH ATTACHMENTS
07/22/2002 NOTICE OF FILING
07/29/2002 TRIAL/ MOTION RECORD
08/12/2002 MEMORANDUM
08/12/2002 CORRESPONDENCE
12/05/2002 ORDER SETTING STATUS CONFERENCE
12/09/2002 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 12/05/2002 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
12/18/2002 RESPONSE - CRIMINAL - TO STATE'S MOTION FOR REHEARING
12/18/2002 CORRESPONDENCE
01/15/2003 CORRESPONDENCE
01/15/2003 CORRESPONDENCE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
01/16/2003 CORRESPONDENCE
01/16/2003 NOTICE OF FILING
01/16/2003 AFFIDAVIT
01/23/2003 CORRESPONDENCE
01/23/2003 MOTION - AMENDED - AMENDED DESIGNATIONS OF PRO SE CLAIMS ADOPTED BY COUNSEL
03/25/2003 MOTION TO CLARIFY
04/02/2003 ORDER SCHEDULING HEARING
04/03/2003 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 04/10/2003 TIME: 3:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
04/10/2003 TRIAL/ MOTION RECORD
04/16/2003 ORDER FOLLOWING STATUS CONFERENCE;ORDER CONCERNING STATES MOTION TO CLARIFY
06/10/2003 APPEAL - ORDER SC03-848
06/10/2003 ORDER FOR ENLARGEMENT OF TIME
08/18/2003 SECOND MOTION TO VACATE JDGMNT OF CONVICTION/SENTENCE (AS AMENDED) W/SPECIAL REQUEST FOR LEAVE TO AMEND W/ATTACHMENTS-(COPY)
08/18/2003 MEMORANDUM OF LAW IN SUPPORT OF CLAIMS UNDER RING V AZ.-(COPY)
08/18/2003 NOTICE OF INTENT TO FILE VERIFICATIONS BY SEPT. 15, 2003-(COPY)
08/18/2003 CORRESPONDENCE TO CLERK'S OFF. FROM MARK S. GRUBER-ASSIST. CCC RE:MOTIONS/NOTICES FOR FILING-(COPY)
08/29/2003 CORRESPONDENCE FROM MARK S. GRUBER-ASSIST. CCC RE:DOCUMENTS FOR FILING-(COPY)
08/29/2003 AMENDED MEMORANDUM OF LAW IN SUPPORT OF CLAIMS UNDER RING V AZ-(COPY)
08/29/2003 NOTICE - AMENDED OF INTENT TO FILE VERIFICATIONS BY SEPT. 15, 03-(COPY)
08/29/2003 DOCKET LINE ENTERED IN ERROR (BR)
09/15/2003 MOTION - AMENDED TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND
09/15/2003 CORRESPONDENCE
11/06/2003 CORRESPONDENCE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
11/06/2003 ORDER SCHEDULING HEARING
11/07/2003 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 11/24/2003 TIME: 11:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 5-C
RESULT: HEARING HEARD (CRIMINAL)
11/24/2003 APPEARANCE RECORD
12/02/2003 ORDER
12/23/2003 ADDENDUM TO MOTION - AMENDED WITH ATTACHMENT
12/23/2003 CORRESPONDENCE
03/22/2004 CORRESPONDENCE
03/22/2004 CORRESPONDENCE - COMPLAINT
04/09/2004 CORRESPONDENCE
06/18/2004 ORDER FOR ENLARGEMENT OF TIME-(COPY)
03/07/2005 ORDER SETTING STATUS CONFERENCE
03/09/2005 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/23/2005 TIME: 1:30 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: CANCELLED (CRIMINAL)
03/23/2005 APPEARANCE RECORD
03/29/2005 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 03/23/2005 AT 1:30 PM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
07/28/2005 ORDER SETTING STATUS CONFERENCE
08/02/2005 COURT EVENT SET
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
EVENT: CRIMINAL - MOTION HEARING
DATE: 08/16/2005 TIME: 1:30 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: CANCELLED (CRIMINAL)
08/04/2005 ORDER
08/08/2005 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 08/16/2005 AT 1:30 PM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
08/08/2005 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 09/21/2005 TIME: 9:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: HEARING HEARD (CRIMINAL)
08/19/2005 CORRESPONDENCE
09/12/2005 ORDER SCHEDULING HEARING
09/15/2005 CORRESPONDENCE FROM ATTORNEY MARK GRUBER RE: PLEADINGS
09/15/2005 NOTICE OF APPEARANCE
09/20/2005 MAIL RETURNED
09/20/2005 NOTICE OF HEARING
09/21/2005 ORDER CONCERNING CORRESPONDENCE AND OTHER PRO SE FILINGS BY DEFENDANT
09/21/2005 APPEARANCE RECORD
09/21/2005 CORRESPONDENCE - JUDGE / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
09/21/2005 CORRESPONDENCE - JUDGE /UNSEALED PER ORAL ORDER FO THE COURT AT STATUS CONFERENCE 01/07/2011.
10/20/2005 CORRESPONDENCE
10/20/2005 MOTION FOR EXTENSION OF TIME TO FILE ADOPTED PRO SE CLAIMS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
12/08/2005 ORDER GRANTING EXTENSION OF TIME FOR COUNSEL TO REVIEW PRO SE FILINGS AND SEEK LEAVE TO FILE ANY ADDITIONAL CLAIMS
12/08/2005 MOTION FOR EXTENSION OF TIME TO FILE ADOPTED PRO SE CLAIMS
12/27/2005 APPEAL - ACKNOWLEDGMENT OF NEW CASE SC05-1734
12/27/2005 APPEAL - ORDER SC05-1734
01/03/2006 CORRESPONDENCE
01/03/2006 REQUEST - CRIMINAL
01/17/2006 CORRESPONDENCE - JUDGE DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 ORDER CONCERNING RECEIPT OF NEW PRO SE FILINGS FROM DEFENDANT; ORDER DIRECTING CLERK TO FILE DOCUMENTS
01/17/2006 MOTION DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 MEMORANDUM OF LAW DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 SECOND MEMORANDUM OF LAW DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
01/17/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
02/06/2006 ORDER DIRECTING CLERK TO FILE PRO SE CORRESPONDENCE
02/06/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
03/17/2006 APPEAL - ORDER SC05-1734
06/22/2006 CORRESPONDENCE - JUDGE OWENS DOCUMENT NOT IMAGED PER ORDER OF COURT (9 PAGES)/ UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
06/22/2006 ORDER DIRECTING CLERK TO FILE PRO SE CORRESPONDENCE
07/18/2006 CORRESPONDENCE - JUDGE OWENS
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
07/18/2006 CORRESPONDENCE - JUDGE OWENS
07/18/2006 TRANSMITTAL FORM STATE ATTORNEY
07/18/2006 PRO SE NOTICE TO THE COURT IN RE TO: WITH ATTACHMENTS-(COPY)
08/28/2006 CORRESPONDENCE
08/28/2006 TRANSMITTAL FORM STATE ATTORNEY
08/28/2006 MOTION OF SUBMISSION OF BINDING PRESEDENT TO TRIAL COURT IN RE TO POSTCONVICTION MOTIONS CURRENTLY PENDING
09/27/2006 PRO SE NOTICE
09/27/2006 CORRESPONDENCE - JUDGE OWENS WITH ATTACHMENTS
01/23/2007 NOTICE OF HEARING
01/24/2007 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/01/2007 TIME: 10:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 4-A
RESULT: HEARING HEARD (CRIMINAL)
02/06/2007 REQUEST FOR ORDER TO SHOW CAUSE - CRIMINAL
02/27/2007 NOTICE OF HEARING - AMENDED
03/01/2007 APPEARANCE RECORD
03/01/2007 ORDER FOLLOWING HUFF HEARING; ISSUES TO BE HEARD AT EVIDENTIARY HEARING WITH ATTACHMENT
03/06/2007 ORDER AFTER STATUS CONFERENCE
03/28/2007 RECEIPT
03/28/2007 CORRESPONDENCE WITH ATTACHMENT
04/18/2007 PRO SE NOTICE OF FORMAL COMPLAINT WITH ATTACHMENT
07/02/2007 APPEAL - SUPREME COURT OF FLORIDA ACKNOWLEDGMENT OF NEW CASE / SC07-1158 / PRO SE PETITION FOR WRIT OF MANDAMUS AND / OR PROHIBITION
07/19/2007 CORRESPONDENCE ( DO NOT IMAGE PER ORDER OF COURT - ORIGINAL DOCUMENT 163 PAGES ) / UNSEALED PER ORAL ORDER OF THE COURT AT STATUS CONFERENCE ON 01/07/2011.
10/04/2007 MEMORANDUM IN LAW
10/04/2007 MEMORANDUM
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
10/19/2007 APPEAL - ORDER FROM THE FLORIDA SUPREME COURT RE: DEF'S PRO SE PETITION FOR WRIT OF MANDAMUS AND / OR PROHIBITION / SC07-1158
11/05/2007 RESPONSE - CRIMINAL / PETITIONER'S RESPONSE TO FLORIDA SUPREME COURT ORDER IN CASE # SC07-1158
12/26/2007 APPEAL - ORDER FROM THE SUPREME COURT OF FLORIDA RE: APPEAL # SC07-1158 / PETITIONER'S MOTION FOR REINSTATEMENT IS HEREBY DENIED
01/15/2008 NOTICE OF HEARING
01/18/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 02/01/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
RESULT: CANCELLED (CRIMINAL)
01/22/2008 NOTICE OF HEARING - CANCELLATION
01/29/2008 NOTICE OF HEARING
02/01/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 02/22/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
02/01/2008 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 02/01/2008 AT 11:00 AM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
02/11/2008 RENEWED MOTION TO DISCHARGE OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASE
02/11/2008 EXHIBITS TO RENEWED MOTION TO DISCHARGE OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASE
02/22/2008 APPEARANCE RECORD
02/22/2008 APPEAL - ACKNOWLEDGMENT OF NEW CASE FROM THE SUPREME COURT OF FLORIDA / SC03-848 ( WITH ATTACHMENTS )
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/25/2008 ORDER AFTER CASE MANAGEMENT CONFERENCE
03/24/2008 CORRESPONDENCE
03/24/2008 DECLARATION OF "PRO SE STATUS" THEREBY DISCHARGING "OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE' FROM ALL OF THE ABOVE AND/OR ANY OTHER CAUSES RELATED TO PENDING LOWER-COURT PROCEDDINGS AND REQUEST FOR NON-C.C.R.C. "STANDBY COUNSEL"
03/24/2008 PRO SE MOTION TO AMEND DEFENDANTS 3.851/3.850 MOTION(S)
03/24/2008 PRO SE NOTICE TO THE COURT IN RE TO: FAILURE OF BOTH TRIAL ATTORNEY AND STATE PROVIDED POST-0CONVICTION LEGAL TEAM TO INVESTIGATE FACTS CRUCIAL TO PROPER PREPARATION AND REPRESENTATION OF THE DEFENDANT DURING TRIAL AND APPEALS WITH ATTACHMENTS
03/24/2008 PRO SE MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND WITH ATTACHMENTS
04/14/2008 CORRESPONDENCE FROM LAW OFFICE OF THE CAPITAL COLLATERAL
04/14/2008 NOTICE OF APPEARANCE
04/17/2008 CORRESPONDENCE
04/17/2008 DEFENDANT'S RESPONSE TO STATE'S "RENEWED MOTION TO DISCHARGE OFFICE OF THE CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASES" WITH ATTACHMENTS
05/30/2008 STATE'S REPLY TO DEFENDANT'S RESPONSE TO STATE'S "RENEWED MOTION TO DISCHARGE OFFICE OF THE CAPITAL COLLATERAL REPRESENTATIVE FROM NON - CAPITAL CASES"
06/30/2008 NOTICE OF HEARING
07/02/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 08/22/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
07/21/2008 ORDER - TRANSPORT
07/21/2008 NOTICE OF HEARING - AMENDED
07/23/2008 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 09/05/2008 TIME: 11:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-A
09/05/2008 APPEARANCE RECORD
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/08/2008 TRIAL/ MOTION RECORD
09/16/2008 ADDENDUM TO AMENDED MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND
11/03/2008 STATE'S SUPPLEMENTAL RESPONSE, LIMITED TO DEFENDANT'S "ADDENDUM" TO AMENDED MOTION TO VACATE
12/15/2008 ORDER DENYING STATE'S RENEWED MOTION TO DISCHARGE OFFICE OF CAPITAL COLLATERAL REPRESENTATIVE FROM NON-CAPITAL CASES
01/05/2009 CORRESPONDENCE
01/05/2009 DEFENDANT'S RESPONSE TO STATE'S RESPONSE TO DEFENDANT'S "ADDENDUM" TO AMENDED MOTION TO VACATE (RE: MARCH 17, 2008 PRO SE FILING)
01/26/2009 CORRESPONDENCE - PRO SE
01/26/2009 MEMORANDUM OF LAW - PRO SE
02/05/2009 CORRESPONDENCE
02/05/2009 MOTION TO ADOPT DEFENDANT'S RECENT PRO SE FILINGS
03/30/2009 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 03/31/2009 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
RESULT: CANCELLED (CRIMINAL)
03/30/2009 EMAIL CONVERSATION DOCUMENT
03/31/2009 COURT EVENT CANCELLED
THE FOLLOWING EVENT: CRIMINAL - MOTION HEARING SCHEDULED FOR 03/31/2009 AT 2:00 PM HAS BEEN RESULTED AS FOLLOWS:
RESULT: CANCELLED (CRIMINAL)
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
03/31/2009 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 04/01/2009 TIME: 2:00 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
RESULT: HEARING HEARD (CRIMINAL)
03/31/2009 CORRESPONDENCE
03/31/2009 EMAIL CONVERSATION DOCUMENT
04/01/2009 APPEARANCE RECORD
04/01/2009 NOTICE OF HEARING
04/02/2009 MOTION TO ADOPT DEFENDANTS RECENT PRO SE FILINGS
04/02/2009 CORRESPONDENCE (COPY MEMORANDUM OF LAW ATTACHED)
04/06/2009 ORDER ON STATUS CONFERENCE
04/16/2009 WITNESS LIST
04/23/2009 NOTICE OF HEARING
04/24/2009 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 08/03/2009 TIME: 9:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 6-B
RESULT: HEARING HEARD (CRIMINAL)
04/28/2009 ORDER - DENIED ON (1) PRO SE MOTION TO AMEND 3.851 MOTION AND ADDITIONAL CLAIMS FOR WHICH EVIDENTIARY HEARING REQUIRED; (2) CCRC'S ADDENDUM TO AMENDED MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE WITH SPECIAL REQUEST FOR LEAVE TO AMEND; AND (3) CCRC'S MOTION TO ADOPT DEFENDANT'S RECENT PRO SE FILINGS
05/11/2009 MOTION FOR CLARIFICATION OR REHEARING
05/11/2009 CORRESPONDENCE
05/28/2009 ORDER DENYING MOTION FOR CLARIFICATION OR REHEARING
06/08/2009 PRO SE MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLARIFICATION, OR REHEARING
07/07/2009 ORDER - TRANSPORT
07/22/2009 ORDER - TRANSPORT (AMENDED)
07/31/2009 COURT EVENT SET
EVENT: MOTIONS
DATE: 08/03/2009 TIME: 9:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 2 (CRIMINAL JUSTICE CENTER)
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
07/31/2009 COURT EVENT SET
EVENT: MOTIONS
DATE: 08/04/2009 TIME: 10:00 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 2 (CRIMINAL JUSTICE CENTER)
07/31/2009 COURT EVENT SET
EVENT: MOTIONS
DATE: 08/05/2009 TIME: 9:30 AM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 2 (CRIMINAL JUSTICE CENTER)
07/31/2009 DISCOVERY EXHIBIT
08/03/2009 ACTION: CORRESPONDENCE FROM DEFENDANT - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC
08/03/2009 ACTION: OBJECTION, FOR THE RECORD ON APPEAL - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC
08/03/2009 ACTION: CERTIFICATE OF SERVICE - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/04/2009 APPEARANCE RECORD
08/04/2009 ACTION: TRIAL / MOTION RECORD - EVIDENTIARY HEARING - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
08/05/2009 EVIDENCE RECORD # 25188 ( DEFENSE EXHIBITS )
08/05/2009 EVIDENCE RECORD # 25189 ( STATE EXHIBITS )
08/11/2009 ORDER DIRECTING WRITTEN CLOSING ARGUMENTS AS TO EVIDENTIARY HEARING HELD AUGUST 3-4, 2009
08/11/2009 ACTION: NOTICE OF FILING - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED BY MAIL - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED BY MAIL - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVICE UNKNOWN - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVICE UNKNOWN - IMAGE AVAILABLE IN CASE 1988CF3198NC
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
08/11/2009 ACTION: SUBPOENA RETURNED SERVED - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED - IMAGE AVAILABLE IN CASE 1988CF3198NC
08/11/2009 ACTION: SUBPOENA RETURNED SERVED MAIL - IMAGE AVAILABLE IN CASE 1988CF3198NC
09/15/2009 ACTION: CORRESPONDENCE - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
09/15/2009 ACTION: DEFENDANT'S PRO SE MOTION 3.850/3.851 POST CONVICTION RESPONSE AND CLOSING ARGUMENTS TO: - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
10/30/2009 ACTION: RESPONSE - CRIMINAL - INITIAL WRITTEN CLOSING ARGUMENT OF DEFENDANT - IMAGE AVAILABLE IN CASE 1988CF3198NC
11/04/2009 ORDER
11/12/2009 NOTICE OF FILING - EX PARTE LETTER
11/13/2009 ACTION: CORRESPONDENCE - IMAGE AVAILABLE CASE NUMBER 1988CF3198NC
11/13/2009 ACTION: ATTACHMENTS TO INITIAL WRITTEN CLOSING ARGUMENT OF DEFENDANT - IMAGE AVAILABLE IN CASE NUMBER 1988CF3198
11/25/2009 CORRESPONDENCE FROM ATTORNEY GENERALS OFFICE ON APPEAL
11/25/2009 STATE'S RESPONSE/POST EVIDENTIARY HEARING CLOSING ARGUMENTS
11/30/2009 ACTION: CORRESPONDENCE - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
11/30/2009 ACTION: NOTICE OF FILING INDEX AND ATTACHMENTS TO STATE'S POST-EVIDENTIARY HEARING CLOSING ARGUMENT (RECORD EXCERPTS & PLEADINGS) - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
11/30/2009 ACTION: STATE'S NOTICE OF FILING ATTACHMENTS TO POST-EVIDENTIARY HEARING CLOSING ARGUMENT (LEGAL AUTHORITY CITED) - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
12/09/2009 ACTION: REPLY TO STATE'S POST-EVIDENTIARY HEARING CLOSING ARGUMENT WITH ATTACHMENT - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
12/18/2009 ACTION: CORRESPONDENCE - IMAGE AVAILABLE IN CASE 1988CF3198
12/18/2009 ACTION: SUPPLEMENTAL/COUNTER RESPONSE - CRIMINAL - IMAGE AVAILABLE IN CASE 1998CF3198
02/05/2010 ACTION: CORRESPONDENCE - JUDGE - IMAGE AVAILABLE IN CASE 1988CF3198
02/05/2010 ACTION: NOTICE OF SUPPLEMENTAL AUTHORITY - IMAGE AVAILABLE IN CASE 1988CF3198
09/08/2010 ACTION: CORRESPONDENCE - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
09/08/2010 ACTION: NOTICE OF INTENT TO FILE - IMAGE AVAILABLE IN CASE NUMBER 1988CF003198NC
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
09/16/2010 ORDER DENYING 3.851 MOTION AFTER EVIDENTIARY HEARING WITH ATTACHMENTS
09/30/2010 ORDER CLARIFYING ORDER DENYING 3.851 MOTION AFTER EVIDENTIARY HEARING WITH ATTACHMENTS
10/15/2010 APPEAL - NOTICE OF APPEAL ( 3.851 EVIDENTIARY APPEAL )
10/15/2010 APPEAL - DIRECTIONS TO CLERK
11/12/2010 APPEAL CORRESPONDENCE
11/12/2010 APPEAL - AMENDMENT TO NOTICE OF APPEAL
11/22/2010 APPEAL - ACKNOWLEDGMENT OF NEW CASE ( SC10-2008 / 3.850 EVID )
11/22/2010 APPEAL - ORDER ( FROM THE SUPREME COURT OF FLORIDA RE: APPEAL # SC10-2008 )
12/03/2010 ORDER SETTING MANDATORY STATUS CONFERENCE
12/07/2010 COURT EVENT SET
EVENT: CRIMINAL - MOTION HEARING
DATE: 01/07/2011 TIME: 1:30 PM
JUDGE: OWENS, ANDREW D LOCATION: COURTROOM 7-C
RESULT: HEARING HEARD (CRIMINAL)
12/13/2010 APPEAL - DEF'S DESIGNATION TO THE COURT REPORTER
12/28/2010 ACTION: APPEAL - ACKNOWLEDGEMENT OF COURT REPORTER [IMAGE AVAILABLE IN CASE 1988 CF 003198 NC]
01/05/2011 PHONE CONVERSATION DOCUMENTATION
CRIM(MISC) PHONE CONVERSATION RECORD
SENT ON: 01/05/2011 10:40:53
01/06/2011 EMAIL CONVERSATION DOCUMENT / EXHANGE BETWEEN THE APPEALS CLERK & THE SUPREME COURT CAPITAL CASE CLERK RE: CLARIFICATION OF THE APPELLATE RULES FOR PREPARING THE RECORD ON APPEAL
01/07/2011 APPEARANCE RECORD
01/11/2011 REPORT CONCERNING STATUS OF RECORD PREP ISSUED AFTER MANDATORY STATUS CONFERENCE ( COPY / ORIGINAL FILED WITH SUPREME COURT )
02/03/2011 MEMORANDUM FROM COURT REPORTERS TO SUPREME COURT RE: APPEAL TRANSCRIPTS
02/03/2011 APPEAL / TRANSCRIPT / 4/7/99 / HRG
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
02/03/2011 APPEAL / TRANSCRIPT / 3/13/00 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 7/31/01 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 9/4/01 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 10/16/01 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 11/16/01 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 01/22/02 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 06/17/02 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 07/29/02 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 12/5/02 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 04/10/03 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 11/24/03 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 3/1/07 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 2/22/08 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 9/5/08 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 4/1/09 / HRG
02/03/2011 APPEAL / TRANSCRIPT / 10/9/09 / HRG
02/03/2011 ACTION: APPEAL - 1 C.D. CONTAINING ELECTRONIC COPIES OF ALL OF THE APPEAL TRANSCRIPTS DESIGNATED TO BE COMPLETED FOR THE FOLLOWING APPEAL # 'S : 2D10-5481, 2D10-5482, SC10-2008 & SC10-2219 - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC / C.D. ALSO FILED IN CASE 1988 CF 003198 NC
02/16/2011 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT ( SC10-2008 )
02/16/2011 APPEAL COVER SHEET & MASTER INDEX OF EXHIBITS FORWARDED TO THE APPELLATE COURT ( SC10-2008 )
02/16/2011 ACTION: APPEAL - RECEIPTS FOR SHIPMENT OF 6 BOXES TO THE FLORIDA SUPREME COURT OF THE RECORDS ON APPEAL FOR APPEAL # 'S SC10-2008 & SC10-2219 - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC
02/16/2011 ACTION: APPEAL - RECEIPTS FOR SHIPMENT OF 6 BOXES TO THE ATTORNEY GENERAL'S OFFICE OF THE RECORDS ON APPEAL FOR APPEAL # 'S SC10-2008 & SC10-2219 - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC
02/16/2011 ACTION: APPEAL - RECEIPTS FOR SHIPMENT OF 6 BOXES TO C.C.R.C. OF THE RECORDS ON APPEAL FOR APPEAL # 'S SC10-2008 & SC10-2219 - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC
02/22/2011 ACTION: APPEAL - U.P.S. DELIVERY RECEIPTS FOR ALL PACKAGES CONTAINING THE
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
APPEAL RECORDS SENT TO THE FL SUPREME CT., A.G. & C.C.R.C. FOR APPEAL # 'S SC10-2008 & SC10-2219 - IMAGE AVAILABLE IN CASE 1988 CF 003198 NC
07/13/2011 PETITION FOR WRIT OF HABEAS CORPUS AND/OR TO INVOKE ALL WRITS JURISDICTION (TRANSCRIPT ATTACHED)
07/13/2011 PRO SE DECLARATION OF PRO SE STATUS AND/OR BASIS/MOTION FOR PRO SE ADDENDUM / SUPPLEMENTAL AUTHORITY RELATIVE TO PRO SE FILINGS PROPERLY BEFORE THIS COURT AD LITEM "RECORD OF APPEALS"
07/13/2011 APPEAL - NOTICE OF APPEAL / 3.850 EVIDENTIARY
07/13/2011 CORRESPONDENCE
07/14/2011 ACTION: NOTICE OF APPEAL FORWARDED TO SUPREME COURT
07/14/2011 ACTION: PETITION OF WRIT OF HAB. CORP. FORWARDED TO SUPREME COURT
11/13/2012 APPEAL - MANDATE & OPINION / APPEAL # SC10-2008 / AFFIRMED
11/13/2012 APPEAL CLOSED / APPEAL # 2D10-2008 / AFFIRMED
01/03/2013 APPEAL - ORDER - SUPREME COURT / MOT REHEARING -DENIED /SC10-2008
01/18/2013 APPEAL - MANDATE & OPINION
02/05/2016 PRO SE MOTION AND ARGUMENT ESTABLISHING "DUE-DILIGENCE" FOR APPELLATE -PURPOSES WITH- RESPECT TO "NEWLY DISCOVERED EVIDENCE" CLAIMS CURRENTLY BRIEFED BEFORE THIS COURT
02/05/2016 ACTION: PRO SE DOCUMENT EMAILED TO COURT FOR REVIEW
02/10/2016 (1) ORDER SCHEDULING CAPITAL CASE MANAGEMENT CONFERENCE; (2) ORDER GRANTING STATE'S MOTION TO STRIKE DEFENDANT'S PRO SE "MOTION AND ARGUMENT ESTABLISHING 'DUE DILIGENCE' FOR APPELLATE PURPOSES WITH RESPECT TO 'NEWLY DISCOVERED EVIDENCE' CLAIMS CURRENTLY BRIEFED BEFORE THIS COURT"
02/17/2016 CRIMINAL - MOTION HEARING SET FOR 02/17/2016 AT 10:00 AM IN 6A , JDG: OWENS, ANDREW D
02/17/2016 APPEARANCE RECORD
02/17/2016 MOTION RECORD
03/31/2016 (1) ORDER DENYING DEFENDANT'S MOTION TO SAY PROCEEDINGS IN LIGHT OF HURST V FLORIDA; (2) ORDER DENYING DEFEDANT'S SUCCESSIVE MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE
06/02/2016 FAX VERIFICATION TRANSMITTAL - RE NOTICE OF APPEAL
06/07/2016 APPEAL - ORDER FROM THE SUPREME COURT SC16-959
06/07/2016 ACKNOWLEDGEMENT BY APPELLATE COURT OF NEW APPEAL CASE / SC16-959
06/07/2016 APPEAL - ORDER / SC16-959 (DUPLICATE FILING )
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
06/07/2016 ACTION: FORWARDED BY EMAIL - THE SUPREME COURT NEW CASE ACKNOWLEDGMENT AND DESIGNATION FOR TRANSCRIPTS TO COURT REPORTERS -
06/13/2016 ORDER SCHEDULING HEARING
06/13/2016 APPEAL - MOTION
06/13/2016 CRIMINAL - MOTION HEARING SET FOR 07/06/2016 AT 10:00 AM IN 6A , JDG: OWENS, ANDREW D
07/06/2016 APPEARANCE RECORD
07/06/2016 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE SUPREME COURT - SC16-959
07/07/2016 TRANSMITTAL FORM STATE ATTORNEY
07/07/2016 CERTIFICATE OF ADDRESS
07/07/2016 ORDER GRANTING DEFEDNANT'S MOTION TO TRANSCRIBE DEPOSITIONS AND FOR PAYMENT OF THE COURT REPORTER FEES
07/08/2016 APPEAL - RECEIPT RETURNED/TO COUNSEL/SC16-959
07/08/2016 APPEAL - RECEIPT RETURNED/TO SUPR. COURT/SC16-959
07/12/2016 APPEAL - RECEIPT RETURNED/SC16-959
07/18/2016 APPEAL - RECEIPT RETURNED FROM FL SUP COURT / SC16-959
07/18/2016 APPEAL - RECEIPT RETURNED FROM A.G. / SC16-959
12/12/2016 APPEAL - SUPREME COURT ORDER / SC16-959
01/06/2017 DEFENDANT'S SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE (HURST V. FLORIDA)
01/06/2017 ACTION: MOTION TO VACATE EMAILED TO COURT FOR REVIEW
01/26/2017 UNOPPOSED MOTION FOR EXTENSION OF TIME
01/27/2017 ACTION: FORWARDED TO JUDGE FOR REVIEW: UNOPPOSED MOTION FOR EXTENSION OF TIME
01/31/2017 ORDER GRANTING EXTENSION OF TIME TO FILE A WRITTEN RESPONSE TO DEFENDANT'S SUCCESSIVE POSTCONVICTION MOTION
03/10/2017 STATE'S ANSWER TO DEFENDANT'S SUCCESSIVE MOTION FOR POST CONVICTION RELIEF
04/06/2017 ORDER RE-ASSIGNING CASE AND SETTING CASE MANAGEMENT CONFERENCE
07/03/2017 ORDER DENYING DEFENDANT'S SUCCESSIVE MOTION FOR POSTCONVICTION RELIEF
07/26/2017 APPEAL - NOTICE
07/26/2017 APPEAL - DIRECTIONS TO CLERK
Progress Docket for Case:1988 CF 003198 NC, 1988 CF 003199 NC JOHNSON, EMANUEL JOHNSON, EMANUEL
vs. STATE OF FLORIDA STATE OF FLORIDA
Date Docket Description/Text
07/26/2017 APPEAL - DESIGNATIONS TO THE COURT REPORTER
08/02/2017 APPEAL - ORDER / SC17-1401
08/02/2017 APPEAL - ORDER / SC17-1401
121
IN THE COUNTY/CIR~U COURT IN AND FOR SARASOTA COUNTY, FLORIDA COURT APPEARANCE RECORD
·. JUDGMENTANDSENTENCE
STATE OF FLORIDA CASE#: 1988 CF 003198 NC OBTS #: 0000544042
vs JOHNSON,EMANUEL - A:
/' --OWENS, ANDREW D ~n1- \ TYPE~i~bl!ioam
JUDGE: Ir I~ I DATE:
_..,,
APPEARANCE: 0 PRESENT D PRESENT WITH ATIORNE{ 'Jj1'.JOT PRESENT ./ -· - I __ ,,.,.. --!:!.... 0 FAILED TO APPEAR
COURT ORDERED: 0 BW 0 CAPIAS O BOND SET U NO MOD O BOND FORFEITED O SUMMONS O D-6
COURT APPOINTED: 0 P.D. 0 SPECIAL P.D. 0 INTERPRETER O DEFENDANT WAIVED RIGHT TO COUNSEL O JURY SWORN
CHARGES OF: I BOND TYPE PLEA ADJUDICATION CT SQ G NG NOLO AB G NG W/H N.P. D I O I U,U£\,I; UI 0 I AU\,, I URI. VA _ ~ ~ - ~ ~ ~
D ~ -- - - -- - - - - - D - -
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A A - - - ~ - ~ -\ . ' ., - :_ ....;v,- 0- - - - - - ~ D ~ D - D - - -
SENTENCE STATE ATTORNEY: l.i(.. t-.,. .J•-~ 'III~ DEFENSE ATTORNEY: • ·, :? •• - J'1 W'\..t!)"' 7 ..,_.,.
CT SQ FINE C.J. DOC YEARS MONTHS DAYS C.T.S. SUSP.JAIL DcoN~~/ DcoNsEcTo 0<i5TERMW/ 1 1 L__J LJ LJ L.J L__J L.J L.J L__J r 1 [ l [
L__J LJ LJ L.J L__J L.J L.J L__J r 1 [ l [ L__J LJ LJ L.J L__J L.J L.J L__J r 1 [ j [ r 1 r 1 r 1 r 1 r l r l r 1 r 1 r 1 r 1 r
D COURT cosTs AS SHOWN ON cosT SHEET D PAYMENT PLAN D JUDGMENT DDuE OVER PROBATION D WAIVE) D CONSOLIDATE WITH 0 OFFENDER WORK PROGRAM ~ ~ ..I"!) 11
PROBATION/ COMMUNITY CONTROL V CT SQ co DOC YEARS MONTHS DAYS CONCURRENT/W CONSECUTIVE TO RESTITUTION 1 1 LJ LJ LJ L_J L.J D D D
LJ LJ LJ L_J L.J D D D
LJ LJ LJ L_J L.J D D D LJ LJ LJ L_J L.J D D D
l j j l
0 EARLY TERMINATION 0 NO EARLY TERMINATION O REVOKE O TERMINATE O ALL ORIGINAL CONDITIONS REMAIN
COURT COMMENTS: lf:j-A.J-;, ~- (). - .. ... ' (' .~ ..1 ...f-. }._ fl-.,..,._ r'~r /'""~-)
V - ' - 0
.. / CASE PLACED ON: 0 NON-FILED STATUS I MOTION($) .,ril HEARD D CANCELLED D UNDER ADVISEMENT
SPECIAL CONDITIONS: BEGIN TERMS WIN ( ) COMPLETE TERMS W/N
0 ATIEND & COMPLETE DUI SCHOOL O ADVANCED DUI SCHOOL O DNA TESTING O RANDOM URINALYSIS O NO CONSUMPTION OF DRUGS OR ALCOHOL 0 ATIEND & COMPLETE VICTIM IMPACT PANEL 0 NO CONTACT O NO HARMFUL CONTACT· WITH VICTIM 0 B.P.O. LICENSE ·MAY APPLY O DRIVER'S LICENSE REC. BY CLERK 0 FINGERPRINTS TAKEN IN COURT AT SENTENCE 0 IMPOUND VEHICLE O 10 0 30 0 90 DAYS D ATIEND & COMPLETE TRAFFIC SCHOOL D LONG D SHORT D PUBLIC SERVICE HOURS D DRIVER'S LICENSE SUSP / 0 IGNITION INTERLOCK DEVICE D DEFER TO D PTI D TPTI D D LIFE MANAGEMENT PROGRAM 0 NO RETURN TO PROPERTY
D DRUG D ALCOHOL D MENTAL HEALTH EVALUATION 0 SUCCESSFULLY COMPLETE TREATMENT AS ORDERED ON FIRST ATIEMPT
DONE AND ORDERED IN OPEN COURT SARASOTA COUNTY, FLORIDA
THIS DAY OF ,20 JUDGE
NEXT COURT APPEARANCE D SARASOTA [ ] VENICE D STATE'S CONTINUANCE 0 DEFENSE CONTINUANCE LJ COURT CONTINUANCE
0ARRG AT /M 0PTC AT /M D DvoP AT /M DcM Dos AT --/M D PLEA ON D HEARING/ O.U.I. AT __ /M D NJTD JT AT /M D .~.~ /M
._ .. ,., .. H:FORMS/COURT APPEARANCE RECORD.DOC 05115
Filed 07/06/2016 01:09 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
122
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
EMANUEL JOHNSON,
Defendant.
CASE NOS.: 1988 CF 3198 NC J 1988 CF 3199 NC
SUP. CT. Case No.: SC16-959
ORDER ON STATUS CONFERENCE RE: STATUS OF RECORD
This matter is before the Court pursuant to the Order of the Supreme Court of Florida dated June
3, 2016. On July 6, 2016, at the Sarasota County Judicial Center, the Court held a status conference
regarding the status of the record on appeal. The Defendant was not present, but was represented by
Capital Collateral Regional Counsel. The State was represented by an Assistant Attorney General, and a
representative of the local State Attorney's Office. Also present were representatives from the Twelfth
Circuit Court Reporter's Office and the Sarasota County Clerk's Office.
At the status conference, a designated representative from the Court Reporter's Office confirmed
that the necessary transcript(s) have been completed and that the hard copy and disk of the record has
been filed with the Sarasota County Clerk. Additionally, a representative of the Sarasota County Clerk's
Office indicated that the record on appeal, as designated by the Defendant in his Directions to the Clerk
filed April 26, 2016, will be transmitted to the Supreme Court no later than tomorrow, July 7, 2016.
DONE AND ORDERED in Chambers in Sarasota, Sarasota County, Florida on this b1~y of
July 2016.
Filed 07/07/2016 01:42 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
123
" .
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing order was furnished by mail, e-mail, or hand delivery to: John A. Tomasino, Clerk of Court, Florida Supreme Court, 500 South Duval Street, Tallahassee, Florida 32399; Mark Gruber, Assistant CCRC-Middle, [email protected], [email protected]; Julie Morley, Assistant CCRC-Middle, [email protected]; Emanuel Johnson, DC #338043, Union Correctional Institution, 7819 N.W. 228th St., Raiford, Florida 32026-4000; Office of the State Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Blvd., Sarasota, FL 34237, and Timothy A. Freeland, Assistant Attome~eneral, [email protected], [email protected]. on this_,_,-·_·· day of July 2016.
By:Oo*~ Judiciaissistant
Filed 07/07/2016 01:42 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
124
Filing# 50871443 E-Filed 01/06/2017 02: 17:27 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
v.
EMANUEL JOHNSON,
Defendant.
Case No. 88-3198-F Case No. 88-3199-CF-A-Nl (Victim Iris White) Capital Post-conviction Case
DEFENDANT'S SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE (Hurst v. Florida)
EMANUEL JOHNSON, Defendant in the above-captioned action, respectfully moves this
Court for an Order, pursuant to Fla. R. Crim. P. 3.851, to set aside the sentences of death imposed on
him by this Court. This motion is filed in light of a change in Florida law following the decision in
Hurst v. Florida, 136 S. Ct. 616 (2016), and the enactment of Chapter 2016-13 on March 7, 2016. ln
support thereof, Mr. Johnson respectfully submits the following:
A. PROCEDURAL HISTORY
Between April and June 1991, Johnson was tried, convicted, and sentenced for several
crimes committed between January and October 1988 against four separate victims. Two of the
victims-Iris White and Jackie McCahon-were murdered, while two-Kate Cornell and
Lawanda Giddens-were not. Johnson's convictions in the noncapital cases were used as
aggravators in both capital cases, and each capital conviction was used as an aggravator in the
other capital case. Johnson v. State, 37 Fla. L. Weekly S665 (Fla. 2012), reh'g denied (Dec. 28,
2012).
On November 4, 1988, Mr. Johnson was indicted for first degree murder oflris White in
Case No. 88-3199 (Vol. 39, p. 6277). The state charged him by amended information on April 19,
Filed 01/06/2017 02:30 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
125
1991 for armed burglary in Case No. 88-3198 (Vol. 46, p. 8320). The charges were consolidated
for trial, which took place May 20-24, 1991, and he was found guilty on all charges. The penalty
phase trial took place May 28-30, 1991 and the jury recommended death by a vote of eight (8) to
four (4). The court subsequently imposed a death sentence. 1 The judgment and sentence were
affirmed on direct appeal by the Florida Supreme Court.2 Johnson v. State, 660 So. 2d 637 (Fla.
1995), rehearing denied Sept. 22, 1995. Mr. Johnson's petition for writ of certiorari to the United
States Supreme Court was subsequently denied in Johnson v. Florida, 517 U.S. 1159 (1996).
On March 31, 1997, Mr. Johnson timely filed his first post-conviction motion. Defendant's
Amended Motion to Vacate Judgments of Conviction and Sentences was subsequently filed on
September 15, 2003. 3 An evidentiary hearing was held on August 3-4, 2009. The trial court denied
1 All the aggravators were found by the trial court, not the jury. The trial judge found the following aggravating circumstances: 1) prior violent felony; 2) murder committed during a burglary for pecuniary gain; and 3) murder was especially heinous, atrocious or cruel. The trial judge found 14 mitigating factors: (1) Johnson was raised by the father in a household; (2) He had a (3) He had an excellent with other members; ( 4) He was a son who for his He had an excellent r>1111,1rn,,1'11P·nt
history; He had been a good husband and father; He showed love and affection to his two children; cooperated with police and confessed; (9) He had demonstrated artistic and poetic talent; (lO)"Thc age of the Defendant at the time of the crime"; (11) Johnson "has potential for rehabilitation and in the prison
"The Court can the Defendant life sentences"; Johnson had no s1g111t1c:ant history of criminal activity before 1988; (14) He exhibited good behavior at trial; and (15) He suffered mental pressure not reaching the level of statutory mitigation.
2 Mr. Johnson filed an Initial Brief on February 9, 1994 and raised the following issues on direct appeal: 1) The confessions should have been suppressed; 2) The police seized clothing without providing probably cause that evidence would be found and without describing with particularity the items to be seized; and 3) The trial court should have excused for cause a juror who would vote for death as the proper punishment for all first degree murders and would not consider mitigating factors. On September 12, 1994, Mr. Johnson filed a Supplemental Brief and raised the following claims: 1) The trial comi improperly refused to allow mitigating evidence and arguments and refused to allow evidence that would rebut nonstatutory aggravators; 2) The court below erred in permitting the State to inject irrelevant and highly prejudicial factors into appellant's penalty proceeding through its improper cross-examination of a defense witness and its improper argument to the jury; 3) The court below used an incorrect legal standard in rejecting the mental disturbance mitigator and should instead have found it to exist; 4) Appellant's cause was submitted to his sentencing jury upon incomplete and misleading instructions, resulting in an unreliable penalty recommendation and an unconstitutional death sentence; 5) The felony murder aggravating circumstances is unconstitutional, as it fails to genuinely narrow the class of individuals who may be sentenced to death; and 6) Johnson's death sentence violates the Sixth, Eighth, and Fourteenth Amendments because the especially heinous, atrocious, or cruel aggravating circumstance is vague, is applied arbitrarily and capriciously, and does not genuinely narrow the class of persons eligible for the death penalty.
3 This amended motion for post-conviction relief raised the following claims: 1) Mr. Johnson received ineffective assistance of counsel due to counsel's mishandling of mental health experts; 2) The State failed to make timely
2
126
the amended motion to vacate in a written order dated September 16, 2010. Mr. Johnson appealed
this denial and timely filed an Initial Brief on June 22, 2011 at the Florida Supreme Court. 4 After
disclosure of exculpatory information in violation of Brady v. Maryland and thereby rendered defense counsel ineffective and/or defense counsel was ineffective in failing to diligently investigate and prepare for trial in violation of Mr. Johnson's rights; 3) The State engaged in prosecutorial misconduct and Mr. Johnson received ineffective assistance of counsel when the State offered evidence and argument of sperm after the FBI reported that none had been found; 4) Mr. Johnson did not receive the effective assistance of counsel or the assistance of a competent mental health expert in the penalty phase of his trial; 5) The aggravating circumstance of previous conviction of a violent felony, Fla. Stat. 921(5)(B), was based solely on invalid convictions. Application of the aggravating circumstance violates due process and the Eighth Amendment under Johnson v. Mississippi; 6) The rule prohibiting Mr. Johnson's lawyers from interviewing jurors to determine if constitutional error was present violates equal protection principles; 7) The Florida death sentencing statute is unconstitutional under the Sixth and Fourteenth Amendments as construed by Ring v. Arizona, 8) Mr. Johnson was denied Due Process pursuant to Simmons v. South Carolina, when the court prevented him from informing the jury about his ineligibility for parole and the possible sentences he would likely receive in other criminal pending cases; 9) Mr. Johnson's sentence of death violates the Fifth, Sixth, Eighth, and Fourteenth Amendments because the penalty phase jury instructions were incorrect under Florida law and shifted the burden to Mr. Johnson to prove that death was inappropriate and because the sentencing judge employed this improper standard in sentencing Mr. Jonson to death. Failure to object rendered defense counsel's representation ineffective; 10) Execution by lethal injection is cruel and/or unusual punishment; 11) Mr. Johnson's convictions are materially unreliable because no adversarial testing occurred due to the cumulative effects of ineffective assistance of counsel, the withholding of exculpatory and/or impeachment material, newly discovered evidence, and/or improper rulings of the trial court; 12) Mr. Johnson's Eighth Amendment right against cruel and unusual punishment will be violated as defendant may be incompetent at the time of execution; 13) The State engaged in prosecutorial misconduct by arguing facts not in evidence and defense counsel rendered ineffective assistance by failing to challenge that misconduct; 14) The State engaged in prosecutorial misconduct by presenting false evidence in the suppression hearings and defense counsel rendered ineffective assistance by failing to challenge that misconduct; 15) The State engaged in prosecutorial misconduct by presenting inconsistent theories and defense counsel rendered ineffective assistance by failing to challenge that misconduct; 16) Defense counsel rendered ineffective assistance by failing to introduce evidence of Mr. Johnsons actual innocence; 17) The State used illegally obtained rolled pints; 18) Mr. Johnson's right to due process was denied when the State destroyed potentially useful evidence in bad faith in violation of Arizona v. Youngblood; and 19) The arrest, search and seizure were based on a defective affidavit which contained false statements.
4 Mr. Johnson's Initial Brief contained the following arguments: 1) The lower court CJTed in denying claims of ineffective assistance of counsel due to prejudicial disclosure of confidential expe1is; 2) The comi CJTed in denying the claim of ineffective assistance by waiting until the last minute before contacting an eyewitness identification expert; 3) The court med by denying the claim of ineffectiveness with regard to a mitigation expert generally. Counsel provided ineffective assistance by failing repeatedly to properly authenticate medical records; 4) The aggravating circumstance of previous conviction of a violent felony is based on invalid convictions. Application of this aggravating circumstance violates Johnson v. Mississippi; 5) The rules prohibiting Mr. Johnson's lawyers from interviewing jurors is unconstitutional; 6) The Florida death sentencing statute as applied is unconstitutional under the Sixth and Fomieenth Amendments as construed by the United States Supreme Comi in Ring v. 7) Mr. Johnson was denied due process pursuant to Simmons v. South Carolina; 8) Mr. Johnson's sentence of death violates the Fifth, Sixth, Eighth, and Fourteenth Amendments because the penalty phase jury instructions were incorrect and shifted the burden to Mr. Johnson to prove that dead was inappropriate; 9) Florida's lethal injection method of execution is cruel and unusual punishment; 10) Mr. Johnson's convictions are materially unreliable due to cumulative enor; 11) Mr. Johnson's Eighth Amendment right against cruel and unusual punishment will be violated as defendant may be incompetent at the time of execution; and 12) The court erred in denying Mr. Johnson's prose claims.
3
127
oral argument, the Florida Supreme Court denied the motion in Johnson v. State, I 04 So. 3d 1010
(Fla. 2012), rehearing denied December 28, 2012.
On February 12, 2013, Mr. Johnson timely filed a Petition for Writ of Habeas Corpus to
the United States District Court, Middle District - Tampa Division. 5 At this time, Mr. Johnson's
habeas corpus petition is still pending.
On December 9, 2015, Mr. Johnson filed his first Successive Motion to Vacate Judgment
of Conviction and Sentence concerning newly discovered evidence of microscopic hair
comparison analysis. 6 This motion was denied without an evidentiary hearing by written order on
5 The following issues were raised in Mr. Johnson's habeas eorpus petition to the U.S. Distriet Court: 1) The eonfessions should have been suppressed; 2) The poliee seized elothing without providing probably cause that evidence would be found and without describing with particularity the items to be seized; 3) The trial court improperly refused to allow mitigating evidence and arguments; 4) The State injected irrelevant and highly prejudicial factors into petitioner's penalty phase proceeding through its improper cross-examination of a defense witness and its improper argument to the jury; 5) Petitioner's cause was submitted to his sentencing jury upon incomplete and misleading instructions, resulting in an unreliable penalty recommendation and an unconstitutional death sentence; 6) The felony murder aggravating circumstance is unconstitutional, as it fails to genuinely narrow the elass of individuals who may be sentenced to death. The Court below therefore en-ed in instructing petitioner's jury on this factor and emd in finding it to exist in his sentencing order; 7) Petitioner's death sentence violates the Sixth, Eighth, and Fourteenth Amendments because the especially heinous, atrocious or cruel aggravating circumstance is vague, is applied arbitrarily and capriciously, and does not genuinely naITow the class of person eligible for the death penalty; 8) Mr. Johnson received ineffective assistance of counsel due to counsel's mishandling of the mental health experts; 9) Counsel provided ineffective assistance by waiting until the last minute before contacting an expert eyewitness identification expert; 10) Counsel provided ineffective assistance by failing repeatedly to properly authenticate medical records; 11) The rules prohibiting Mr. Johnson's lawyers from interviewing jurors are unconstitutional; 12) The Florida death sentencing statute as applied is unconstitutional under the Sixth and Fourteenth Amendments of the United States Constitution as construed by the United State Supreme Court in Ring v. Arizona; 13) Mr. Johnson was denied Due Process pursuant to Simmons v. South Carolina, when the court prevented him from informing the jury about his ineligibility for parole and the possible sentences he would likely receive in other criminal pending cases; 14) Mr. Johnson's sentence of death violates the Fifth, Sixth, Eighth and Fomieenth Amendments because the penalty phase jury instructions were incoITect and shifted the burden to Mr. Johnson to prove that death was inappropriate; 15) Florida's lethal injection method of execution is cruel and unusual punishment; 16) Mr. Johnson's convictions are materially unreliable due to eumulative mor; 17) Mr. Johnsons Eighth Amendment right against cruel and unusual punishment will be violated as he may be incompetent at the time of execution; 18) The State engaged in prosecutorial misconduct by arguing facts not in evidence; defense counsel rendered ineffective assistance by failing to challenge that misconduct; 19) The State engaged in prosecutorial misconduct by presenting false evidence in the suppression hearings; defense counsel rendered ineffective assistance by failing to challenge that misconduct; 20) The State engaged in prosecutorial misconduct by presenting inconsistent theories; defense counsel rendered ineffective assistance by failing to challenge that misconduct; 21) Defense counsel rendered ineffective assistance of counsel by failing to introduce evidence of Mr. Johnson's actual innocence; 22) The State used illegally obtained rolled prints; and 23) The aITest, search and seizure were based on a defective affidavit which contained false statements. Counsel provided ineffective assistance for failing to present these facts at the suppression hearings.
6 The sole claim of this successive post-conviction motion is as follows: Newly discovered evidence regarding
4
128
March 30, 2016. The lower court's denial was affirmed by the Florida Supreme Court on
December 9, 2016 in Johnson v. State, 2016 WL 7176765 (Fla. 2016).
B. TIMELINESS
Fl. R. Crim. Proc. 3.851 ( d)(2)(B) states: "No motion shall be filed or considered pursuant to this
rule if filed beyond the time limitation provided in subdivision ( d)(l) unless it alleges ... (B) the
fundamental constitutional right asserted was not established within the period provided for in subdivision
( d)( 1) and has been held to apply retroactively." This motion is filed with one year of the issuance of
Hurst v. Florida, the enactment of Chapter 2016-13, the issuance of Perry v. State, and the issuance of
Hurst v. State, all of which established new Florida law. The claims presented herein could not have
been presented before the change in Florida law that these cases and statutory amendment brought
about. Accordingly, this motion is timely.
C. ARGUMENT
On January 12, 2016, in Hurst v. Florida, the Supreme Court of the United States held that
Florida's capital sentencing scheme violated the Sixth Amendment right to a jury trial in light of Ring
v. Arizona, 536 U.S. 584. 122 S. Ct. 2428, 153 L. Ed. 2d 556 (2002). See Hurst, 136 S. Ct. 616, 193
L.Ed.2d 504 (2016). Specifically, the Court held, "The Sixth Amendment requires a jury, not a judge,
to find each fact necessary to impose a sentence of death. A jury's mere recommendation is not
enough." Id. at 619.
On March 7, 2016, the governor signed House Bill 7101 ( Chapter 2016-13 ), which was enacted
for the specific purpose of complying with the ruling in Hurst, into law. See Fla. H.R. Judiciary Comm.,
Crim. Justice Subcomm., Final Bill Analysis to HB 7101 (2016), available at
microscopic hair comparison analysis, namely a recent FBI report retracting expert testimony presented in this case, demonstrates that Johnson's convictions and death sentence violate the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution and the corresponding provisions of the Florida Constitution.
5
129
In addition to
requiring unanimous jury fact-finding as to certain aspects of capital sentencing, the new law also
imposes the requirement that "a minimum of IO jurors must concur in the recommendation" before a
sentence of death may be imposed." Ch. 2016-13, Laws of Fla. (2016), available at
http://laws.flrules.org/2016/13.
On October 14, 2016, the Florida Supreme Court issued its decisions inPeny v. State, So.
3d _, 2016 WL 6036982 (Fla. October 14, 2016) andHurstv. State, _So. 3d _, 2016 WL 6036978
(Fla. October 14, 2016). The Court in Perry declared the ten to two provision contained in Chapter
2016-13 to be unconstitutional under Hurst v. Florida. In Perry, the Florida Supreme Court
concluded that the Sixth and the Eighth Amendments require a unanimous jury verdict
recommending a death sentence before one could be imposed. Accordingly, the jury must
unanimously find that sufficient aggravators exist to justify a death sentence and that the aggravators
outweigh the mitigating factors in the case. Finally, if a unanimous death recommendation is not
returned, a death sentence cannot be imposed. Thus, a life sentence is mandated if one or more jurors
vote in favor of a life sentence due to a desire to be merciful even if the jury unanimously determined
that sufficient aggravators existed and that they outweigh the mitigators. Peny v. State, 2016 WL
6036982 at * 1 ( quoting Hurst v. State, 2016 WL 6036978 at * 15) ("'the penalty phase jury must be
unanimous in making the critical findings and recommendation that are necessary before a
sentence of death may be considered by the judge or imposed."') ( emphasis added). See also
Hurst v. State, 2016 WL 6036978 at * 17 n.18.
Retroactive Application
On December 22, 2016, the Florida Supreme Court decided Mosely v. State, ---So.3d ---
2016 WL7406506 and Asay v. State, ---So.3d --- 2016 WL7406538 (Fla. December 22, 2016).
6
130
After conducting an individualized Witt 7 and James8 analysis in each case, the Court decided that
Mosely was entitled to the retroactive effect of Hurst and that Asay (who had not previously raised
a Ring type claim) was not. However, still pending at the Florida Supreme Court is Lambrix v.
State, SC 16-8 and SC 16-56. Lambrix, whose his case was final when Ring was decided, has raised
Ring type error throughout his proceedings. Here, both Hurst decisions are retroactively applicable
to the defendant on three independent grounds: (1) as a matter of fundamental fairness under James
v. State, supra, and the Eighth and Fourteenth Amendments; (2) under the Florida retroactivity test
established in Witt v. State, and (3) under the federal retroactivity test first established in Teague
v. Lane, 489 U.S. 288 (1989), and recently applied in Montgomery v. Louisiana, 136 S. Ct. 718
(2016). Under any of those retroactivity approaches, this Court should reject the notion of"partial
retroactivity," which is intolerable under the United States and Florida Constitutions. 9 Moreover,
the decisions in Asay and Mosley make clear that determining the retroactivity of Hurst v. Florida
and Hurst v. State claims requires individualized assessments that account for the circumstances
of each capital case, much in the same way that harmless error must be assessed on a case-by-case
basis. If the Court decides to apply James, it must determine if "fundamental fairness" requires
retroactive application. If the Court decides to apply Witt, it must apply Witt's factors on an
individualized basis and conduct a weighing. Here, as explained below, the defendant is entitled
to relief under either analysis.
7 Witt v. State, 387 So.2d 922 (Fla. 1980) 8 James v. State, 615 So.2d 668 (Fla. 1993) 9 Mr. Johnson recognizes that Asay v. State, ---So.3d --- 2016 WL7406538 (Fla. December 22, 2016) suggests that cases that were final when Ring was decided are not entitled to the retroactive effect of Hurst. However, Mr. Johnson's case should be decided on an individual basis. To deny him the retroactive effect of Hurst, while granting it to similarly situated capital defendants, deprives him of due process and equal protection under the federal constitution and the corresponding provisions of the Florida Constitution. "[R]etroactivity is binary-either something is retroactive, has effect on the past, or it is not." Asay, 2016 WL 7406538, at *27 (Perry, J., dissenting).
7
131
The equitable "fundamental fairness" doctrine articulated in James, which is distinct from
the traditional Witt test, is sufficient by itself to grant retroactivity of the Hurst decisions. Mosley
explained that although Witt is the "standard" retroactivity test in Florida, defendants may also be
entitled to retroactive application of the Hurst decisions by virtue of the fundamental fairness
doctrine announced in James, 615 So. 2d at 669. See Mosley, 2016 WL 7406506, at *19 ("This
Court has previously held that fundamental fairness alone may require the retroactive application
of certain decisions involving the death penalty"). Unlike the Witt analysis in Mosley, which
considered whether Mosley's sentence became final after Ring as a factor in assessing Hurst
retroactivity, the analysis in James made no distinction between pre-Ring and post-Ring sentences.
Id. at *18-19. Rather, the Mosley Court explained that its James retroactivity analysis focused on
whether it would be fundamentally unfair to bar Mosley from seeking Hurst relief, regardless of
when his sentence became final. Id.
Although Mosley was a post-Ring case, the court left open the possibility that pre-Ring
defendants may also obtain retroactive Hurst relief on fundamental fairness grounds. See id. at * 19
n. 13 ("The difference between a retroactivity approach under James and a retroactivity approach
under a standard Witt analysis is that under James, a defendant or his lawyer would have had to
timely raise a constitutional argument, in this case a Sixth Amendment argument, before this Court
would grant relief. However, using a Witt analysis, any defendant who falls within the ambit of
the retroactivity period would be entitled to relief regardless of whether the defendant or his or her
lawyer had raised the Sixth Amendment argument."). "[B]ecause Mosely raised a Ring claim at
his first opportunity and was then rejected at every turn, we conclude that fundamental fairness
requires the retroactive application of Hurst, which defined the effect of Hurst v. Florida, to
Mosley." Id. In other words, to the extent Mosley stands for the proposition that defendants
8
132
sentenced after Ring are categorically entitled to Hurst reliet: it also stands for the proposition that
any defendant, regardless of when they were sentenced, may be entitled to the same retroactive
application of the Hurst decisions as a matter of fundamental fairness as detern1ined on a case-by
case basis.
Johnson raised a Ring claim in his original motion for postconviction relief, the final
version of which was filed on March 4, 2002, shortly before Ring was decided. See Procedural
History, supra. He has reasserted that claim at every point in his postconviction proceedings since
then. Beyond that, the supplemental brief on direct appeal filed on direct appeal of this case has a
claim of error titled "Improper denigration of juror's role in sentencing process." See page 26, sup.
Initial Brief (White). The claim cites defense counsel's repeatedly overruled objections 10 to the
standard jury instructions because the "the standard jury instructions repeatedly stated that the
penalty phase jury's recommendation was only advisory and that the final decision on punishment
belonged to the judge ... The jury [was] incorrectly "led to believe that the responsibility for
determining the appropriateness of the defendant's death sentence rest[ ed] elsewhere," citing
Caldwell v. Mississippi, infra. and Tedder v. State, 322 So.2d 908 (Fla.1975). The claim was
denied on the merits based on the Florida Supreme Court's long standing precedent. Johnson v.
State, 660 So.2d 637, 647 (Fla., 1995). This was a Ring claim raised at trial and on direct appeal.
As such, this case falls squarely within the fundamental fairness rationale of James and Mosely.
Anything less than full retroactivity leads to disparate treatment among Florida capital
defendants. See Meeks v. Moore, 216 F.3d 951, 959 (11th Cir. 2000)(new penalty phases on 1974
murders); State v. Dougan, 202 So.3d 363 (Fla. 2016)(granting a new trial in a 1974 homicide);
Hildwin v. State, 141 So.3d 1178 (Fla. 20 l 4)(granting a new trial in a 1985 homicide); Cardona
10 (W 5756-60, 5845, 8325-8326, M 4766-69, 4797, 5779-85), (W 6053-58,8474, 8482, M 5782, 7971-7972, 8076, 8514, 8522)
9
133
v. State, 185 So.3d 514 (Fla. 2016)(granting a new trial in a 1990 homicide), and Johnson v. State,
---So.3d --- 2016 WL 7013856 (Fla. December 1, 2016)(on a direct appeal from a resentencing,
the Court remand for a new penalty phase because of Hurst error in a 1981 triple homicide).
Under Witt, Florida courts apply holdings favorable to criminal defendants retroactively
provided that the decisions (1) emanate from the United States Supreme Court or the Florida
Supreme Court, (2) are constitutional in nature, and (3) constitute "a development offundamental
significance." Id. Hurst v. Florida and the change in Florida law made in its wake satisfy the first
two Witt retroactivity factors: (1) Hurst v. Florida is a decision by the US Supreme Court, and (2)
its holding is constitutional in nature: the Sixth Amendment forbids a capital sentencing scheme
that provides that judges, not juries, make the factual findings that are statutorily required to
authorize the imposition of a death sentence.
The third factor under Witt is also met because Hurst v. Florida "constitutes a development
of fundamental significance," i.e., it is a change in the law which is "of sufficient magnitude to
necessitate retroactive application as ascertained by the three-fold test of the United States
Supreme Court's decisions in Stovall v. Denno, 388 U.S. 293 (1967), andLinkletter v. Walker, 381
U.S. 618 (1965)."' Falcon, 162 So. 3d at 961 (quoting Witt, 387 So. 2d at 929) (internal brackets
omitted).
The first Stovall/Linkletter factor-the purpose of Hurst v. Florida and Hurst v. State
weighs in favor of retro activity as applied the defendant. The purpose of the United States Supreme
Court's decision "is to ensure that a criminal defendant's right to a jury is not eroded and
encroached upon by sentencing schemes that permit a higher penalty to be imposed based on
findings of fact that were not made by the jury." Asay, 2016 WL 7406538, at *9. In Asay, the court
10
134
concluded that the purpose of Hurst v. Florida weighs "in favor" of retroactive application. Asay,
2016 WL 7406538, at *10.
The second Stovall/Linkletter factor-the extent of reliance on the unconstitutional Florida
scheme-also weighs in favor of applying those decisions retroactively. Florida's unconstitutional
sentencing scheme has not just been unconstitutional since Ring was decided in 2002, it has always
been unconstitutional, and it has consistently and systematically infected the tmth-detem1ining
process at penalty phase proceedings since the statute was enacted following Furman v. Georgia,
408 U.S. 238 (1972), including during the defendant's trial. Accordingly,just as Mosley concluded
with respect to post-Ring defendants, the second Stovall/Linkletter factor weighs in favor of
applying the Hurst decisions retroactively in the defendant's case.
The third Stovall/Linkletter factor-the effect on the administration of justice-also weighs
in favor of applying the Hurst decisions retroactively to this case. This factor does not weigh
against retroactivity unless applying the Hurst decisions retroactively could "destroy the stability
of the law, render punishments uncertain and therefore ineffectual, and burden the judicial
machinery ofour state, fiscally and intellectually, beyond any tolerable limit." Asay, 2016 WL
7406538, at *11 (quoting Witt, 387 So.2d at 929-30). Undoubtedly, retroactive application of the
Hurst decisions to pre-Ring defendants will have slightly more impact on the administration of
justice than arbitrarily limiting retroactivity to post-Ring defendants-but that is not the test. As
Justice Perry suggested in Asay, without sufficient rationale for predicting that 175 retroactive
Hurst proceedings would be manageable but that 350 would "destroy" the judiciary, retroactivity
cannot be denied to pre-Ring defendants without violating the United States and Florida
Constitutions. There is no serious administrative rationale for such an arbitrary cut-off. Retroactive
application of new rules affecting much larger populations has been approved in other settings.
11
135
For example, in Montgome1y v. Louisiana, the United States Supreme Court approved retroactive
application of a new rule prohibiting mandatory life sentences for all juveniles, which one study
estimated could impact as many as 2,300 cases nationwide. See John R. Mills, Anna M. Dom, and
Amelia C. Hritz, No Hope: Re-Examining Lifetime Sentences for Juvenile Offenders, The
Phillips Black Project, available at http://www.phillipsblack.org/s/JLWOP-2.pdf (last accessed
December 30, 2016). In Florida, byway of contrast, "capital cases make up only a small percentage
(0.09 percent) of the 171,414 criminal cases filed in circuit court during the fiscal year 2014-15,
and an even smaller percentage (0.02 percent) of the 753,011 total cases filed in circuit court." Asay,
2016 WL 7406538, at *28 (Perry, J., dissenting).
Retroactivity would also ensure that all defendants' Sixth and Eighth Amendment rights
are protected. "Considerations of fairness and uniformity make it very 'difficult to justify depriving
a person of his liberty or his life under a process no longer considered acceptable and no longer
applied to indistinguishable cases."' Falcon, 162 So. 3d 954,962 (2015) (quoting Witt, 387 So. 2d
at 929). Ensuring uniformity and fairness in circumstances in Florida's application of the death
penalty requires the retroactive application of Hurst and the resulting new Florida law. After all,
"death is a different kind of punishment from any other that may be imposed in this country," and
"[i]t is of vital importance ... that any decision to impose the death sentence be, and appear to be,
based on reason rather than caprice .... " Gardner v. Florida, 430 U.S. 349, 357-58 (1977).
Mr. Johnson was sentenced to death under an unconstitutional capital sentencing scheme, as
made clear by the Hurst decision. His death sentence rests upon the recommendation of only ten jurors.
On the basis of the new Florida law arising from Hurst v. Florida, the enactment of Chapter 2016-13,
Perry v. State, and Hurst v. State, Mr. Johnson files this motion to vacate and presents his claims for
relief arising from the resulting new Florida law.
12
136
CLAIM 1: MR JOHNSON'S DEATH SENTENCE VIOLATES THE SIXTH AMENDMENT VNDERHURST V. FLORIDA AND SHOULD BE VACATED
The Sixth Amendment right enunciated in Hurst v. Florida, and found applicable to Florida's
capital sentencing scheme, guarantees that all facts that are statutorily necessary before a judge is
authorized to impose a sentence of death are to be found by a jury, pursuant to the capital defendant's
constitutional right to a jury trial. Hurst v. Florida held that "Florida's capital sentencing scheme
violates the Sixth Amendment .... " It invalidated Fla. Stat. §§ 921.141(2) and (3) as unconstitutional.
Under those provisions, a defendant who has had been convicted of a capital felony could be sentenced
to death only after the sentencing judge entered written fact findings that: 1) sufficient aggravating
circumstances existed that justify the imposition a death sentence, and 2) insufficient mitigating
circumstances existed to outweigh the aggravating circumstances. Hurst, 136 S. Ct. at 620-21. Hurst
v. Florida found Florida's sentencing scheme unconstitutional because "Florida does not require the
jury to make critical findings necessary to impose the death penalty," but rather, "requires a judge to
find these facts." Id. at 622. On remand, the Florida Supreme Court held in Hurst v. State that Hurst v.
Florida means "that before the trial judge may consider imposing a sentence of death, the jury in a
capital case must unanimously and expressly find all the aggravating factors that were proven beyond
a reasonable doubt, unanimously find that the aggravating factors are sufficient to impose death,
unanimously find that the aggravating factors outweigh the mitigating circumstances, and unanimously
recommend a sentence of death." Hurst v. State, 202 So.3d 40, 57-58 (Fla. 2016).
The procedure employed when Mr. Johnson received a death sentence at his sentencing
deprived him of his Sixth Amendment rights under Hurst v. Florida and the resulting new Florida law
requiring the jury's verdict authorizing a death sentence to be unanimous or else a life sentence is
required. In the wake of Hurst v. Florida, the Florida Supreme Court has held that each juror is free to
vote for a life sentence even if the requisite facts have been found by the jury unanimously. Hurst v.
13
137
State, 202 So. 3d 40, 58 (Fla. 2016) (emphasis added). Individual jurors may decide to exercise
"mercy" and vote for a life sentence and in so doing preclude the imposition of a death sentence. Peny
v. State, Slip Op. at 19.
The Sixth Amendment error under Hurst v. Florida cannot be proven by the State to be
ham1less beyond a reasonable doubt in this case. In Hurst v. State, the Florida Supreme Court stated
that error under Hurst v. Florida "is harmless only if there is no reasonable possibility that the error
contributed to the sentence." Hurst at 68. "[T]he harmless error test is to be rigorously applied, and the
State bears an extremely heavy burden in cases involving constitutional error." Id. (internal citations
and quotation marks omitted). Therefore, as to Hurst error, "the burden is on the State, as beneficiary
of the error, to prove beyond a reasonable doubt that the jury's failure to unanimously find all the facts
necessary for imposition of the death penalty did not contribute to [the defendant]'s death sentence in
this case." Id. at 68 ( emphasis added).
Per Hurst, "[t]he Sixth Amendment requires ajwy, not a judge, to find each fact necessary to
impose a sentence of death." Hurst v. Florida, 136 S.Ct. 616, 619 (2016) (emphasis added). "The
Supreme Court made clear, as it had in Apprendi v. New Jersey, 530 U.S. 466 (2000), that the Sixth
Amendment, in conjunction with the Due Process clause, 'requires that each element of a crime be
proved to a jury beyond a reasonable doubt'. The Court reiterated, as it had in Apprendi, 'that any fact
that expose[ s] the defendant to a greater punishment than that authorized by the jury's guilty verdict is
an 'element' that must be submitted to [the] jury." Hurst v. State, 202 So. 3d 40, 51 (Fla. 2016). As the
Florida Supreme Court pointed out in Hurst v. State, "[b ]ecause there was no interrogatory verdict, we
cannot determine what aggravators, if any, the jury unanimously found proven beyond a reasonable
doubt. We cannot detem1ine how many jurors may have found the aggravation sufficient for death.
We cannot determine if the jury unanimously concluded that there were sufficient aggravating factors
14
138
to outweigh the mitigating circumstances." 202 So. 3d at 69. The court cannot rely upon a legally
meaningless recommendation by an advisory jury, Hurst v. Florida, 136 S.ct. at 622 (Sixth
Amendment cannot be satisfied by merely treating "an advisory recommendation by the jury as the
necessary fact-finding").
Finally, Mr. Johnson's jury was repeatedly told its reconm1endation was advisory only. In
order to treat a jury's advisory recommendation as reliable, the jury must be correctly instructed as to
its sentencing responsibility under Caldwell v. Mississippi, 472 U.S. 320 (1985). This means that post
Hurst the individual jurors must know that each of them will bear the responsibility for a death sentence
resulting in a defendant's execution since each juror possesses the power to require the imposition of
a life sentence simply by voting against a death recommendation. See Perry v. State. Mr. Johnson's
jurors were instructed that it was their "duty to advise the court as to what punishment should be
imposed". As was explained in Caldwell, jurors must feel the weight of their sentencing responsibility
if the defendant is ultimately executed after no juror exercised his or her power to preclude a death
sentence. Indeed, because the jury's sense of responsibility was inaccurately diminished in Caldwell,
the Supreme Court held that the jury's unanimous verdict imposing a death sentence in that case
violated the Eighth Amendment and required the resulting death sentence to be vacated. Caldwell, 472
U.S. at 341 ("Because we cannot say that this effort had no effect on the sentencing decision, that
decision does not meet the standard of reliability that the Eighth Amendment requires."). Mr. Johnson's
death sentences likewise violate the Eighth Amendment under Caldwell. The chances that at least one
juror would not join a death recommendation if a resentencing were now conducted are likely given
that proper Caldwell instructions would be required. The likelihood of one or more jurors voting for a
life sentence increases when a jury is told a death sentence could only be authorized if the jury returned
a unanimous death recommendation and that each juror had the ability to preclude a death sentence
15
139
simply by refusing to agree to a death recommendation. Caldwell, 472 U.S. at 330 ("In the capital
sentencing context there are specific reasons to fear substantial unreliability as well as bias in favor of
death sentences when there are state-induced suggestions that the sentencing jury may shift its sense
of responsibility to an appellate court."). In Mr. Johnson's case, the State cannot prove beyond a
reasonable doubt that not a single juror would have voted for life given proper Ca/dwell-compliant
instructions.
The error in Mr. Johnson's case warrants relief. The State simply cannot show the error to be
harmless beyond a reasonable doubt. Unless it is proven beyond a reasonable doubt that no juror would
have voted for a life sentence and through such a vote mandated that Mr. Johnson receive a life
sentence, Mr. Johnson's death sentence must be vacated and a resentencing ordered. Because the State
cannot meet its burden here, Rule 3.851 relief is required.
CLAIM 2: SOCIETY'S STANDARDS OF DECENCY HAVE EVOLVED SUCH THAT A DEATH SENTENCE CANNOT CONSTITUTIONALLY REST UPON A LESS THA.~ UNANIMOUS JURY RECOMMENDATION OF DEATH. THUS, MR. JOHNSON'S DEATH SENTENCE STANDS IN VIOLATION OF THE EIGHTH AMENDMENT UNDER HURST V. STATE AND SHOULD BEV ACATED.
In Hurst v. State, the Florida Supreme Court ruled that on the basis of the Eighth Amendment
and on the basis of the Florida Constitution, the evolving standards of decency now requires jury
"unanimity in a recommendation of death in order for death to be considered and imposed." Hurst v.
State, 202 So. 3d 40, 61 (Fla. 2016). Quoting the US Supreme Court, the Court in Hurst noted "that
the 'clearest and most reliable objective evidence of contemporary values is the legislation enacted by
the country's legislatures.'" Id. Then from a review of the capital sentencing laws throughout the United
States, the Court in Hurst v. State found that a national consensus reflecting society's evolving
standards of decency was apparent:
The vast majority of capital sentencing laws enacted in this country provide the clearest and most reliable evidence that contemporary values demand a defendant not be put to death except upon the
16
140
unanimous consent of the jurors who have deliberated upon all the evidence of aggravating factors and mitigating circun1stances.
Id. Accordingly, the Court in Hurst v. State concluded:
Id. at 63.
[T]he United States and Florida Constitutions, as well as the administration of justice, are implemented by requiring unanimity in jury verdicts recommending death as a penalty before such a penalty may be imposed.
What constitutes cruel and unusual punishment under the Eighth Amendment turns upon
considerations of the "evolving standards of decency that mark the progress of a maturing society."
Atkins v. Virginia, 536 U.S. 304, 312 (2002). "This is because '[t]he standard of extreme cruelty is not
merely descriptive, but necessarily embodies a moral judgment. The standard itself remains the same,
but its applicability must change as the basic mores of society change.' Furman v. Georgia, 408 U.S.
238, 382 (1972) (Burger, C. J., dissenting)." Kennedy v. Louisiana, 554 U.S. 407, 419 (2008).
According to Hurst v. State, the evolving standards of decency are reflected in a national consensus
that a defendant can only be given a death sentence when a penalty-phase jury has voted unanimously
in favor of the imposition of death. The United States Supreme Court has explained that the "near
uniform judgment of the Nation provides a useful guide in delimiting the line between those jury
practices that are constitutionally permissible and those that are not." Burch v. Louisiana, 441 U.S.
130, 138 (1979). The near-uniform judgment of the states is that only a defendant who a jury
unanimously concluded should be sentenced to death, can receive a death sentence. 11
11 Former Florida Supreme Court Justice Raoul G. Cantero, has written, "The national consensus demonstrates an overwhelming preference for requiring unanimity." Raul G. Cantero & Robert M. Kline, Death is Different: The Need for Jury Unanimity in Death Penalty Cases, 22 St. Thomas L. Rev. 4, 11 (2009). Only three states-Alabama, Delaware, and Florida-pennitted the imposition of a death sentence by a non-unanimous jury before the issuance of Hurst v. Florida. Justice Cantero explained the logically basis of the consensus: "If jury unanimity is required to convict a defendant of stealing a car, all the more should it be required to sentence a defendant to death." Id. Also indicative of the nation's current standard of decency, the American Bar Association recently adopted Resolution 108A, which urges all jurisdictions to require that "[b ]efore a court can impose a sentence of death, a jury must unanimously recommend or vote to impose that sentence." ABA Resolution 108A, available at
17
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Mr. Johnson is a member of this protected class. His death sentence rests on the recommendation of
only eight jurors. More recently, in Perry, the Florida Supreme Court declared the ten to two
provision in Chapter 2016-13 unconstitutional and concluded that the Sixth and Eighth Amendment
require a unanimous jury verdict before a death sentence can be imposed. In Hurst v. State, the
Florida Supreme Court explained:
Requiring a unanimous jury recommendation before death may be imposed, in accord with precepts of the Eighth Amendment and Florida's right to trial by jury, is a critical step toward ensuring that Florida will continue to have a constitutional and viable death penalty law, which is surely the intent of the Legislature. The requirement will dispel most, if not all, doubts about the future validity and long- tem1 viability of the death penalty in Florida.
Slip Op. at * 17. Today there is no state in the country where a bare majority death recommendation
would support a sentence of death and only one state (Alabama) that currently allows a death sentence
to be imposed with a less than unanimous vote. Under the Eighth Amendment, Mr. Johnson's
execution would constitute cruel and unusual punishment. His death sentence must accordingly be
vacated.
CUMULATIVE ANALYSIS OF HARMLESS ERROR
On March 7, 2016, Chapter 2016-13 was signed into law by Governor Scott. It substantially
revised Florida's capital sentencing statute. As the Staff Analysis of the Criminal Justice
Subcommittee accompanying HB 7101 (Chapter 2016-13) makes clear, its adoption was intended
to cure the constitutional defect in Florida's capital sentencing scheme identified in Hurst v. Florida,
136 S. Ct. 616 (2016). See House of Representatives Final Bill Analysis, H.B. 7101, at 8 (Fla. 2016)
("The bill amends ss. 921.141 and 921.142, F.S., to comply with the United States Supreme Court's
holding that a jury, not a judge, must find each fact necessary to impose a sentence of death.").
http:/ /americanbar.org/content/dam/aba/images/abanews/ 2015111111 _ hodres/l 08a.pdf (last visited Oct. 17, 2016).
18
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In Perry v. State, the Florida Supreme Court held that the I 0-2 provision was unconstitutional
under Hurst v. Florida because to be constitutional the findings of fact and the death recommendation
necessary to authorize the imposition of a death sentence had to be reached unanimously by the jury.
Thus there is no constitutional capital punishment scheme in place in Florida at this time.
The Florida Supreme Court held in Perry that:
[T]o increase the penalty from a life sentence to a sentence of death, the jury must unanimously find the existence of any aggravating factor, that the aggravating factors are sufficient to warrant a sentence of death, that the aggravating factors outweigh the mitigating circumstances, and must unanimously recommend a sentence of death.
Slip Op. at *20. No penalty phase jury in Florida's post-Funnan capital punishment era, including
the jury in this case, has been instructed accordingly. Hence there is Hurst error in this case. The
question remains whether it can be deemed harmless. Hurst v. State claims require individualized
assessments that account for the circumstances of each capital case. Cf. Mosley, 2016 WL 7406506,
at *24 ("As we detem1ined in Hurst, each error should be reviewed under a harmless error analysis
to individually determine whether each defendant will receive a new penalty phase.") ( citing Hurst,
202 So.3d at 67-68; James, 615 So.2d at 669).
An essential component of a harmless error analysis in this case is that it be forward looking
and that it incorporate a cumulative evaluation of all the admissible evidence that could be introduced
at a new penalty phase trial. For example, in Hildwin v. State, 141 So. 3d 1178, 1184 (Fla.2014), the
Florida Supreme Court explained that when presented with a newly discovered evidence claim:
[T]he postconviction court must consider the effect of the newly discovered evidence, in addition to all of the evidence that could be introduced at a new trial. Swafford v. State, 125 So. 3d 760, 775-76 (Fla. 2013). In determining the impact of the newly discovered evidence, the court must conduct a cumulative analysis of all the evidence so that there is a 'total picture' of the case.
In Swafford, the Florida Supreme Court indicated the evidence to be considered in evaluating
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whether a different outcome was probable included "evidence that [had been] previously excluded as
procedurally barred or presented in another proceeding." Swafford v. State, 125 So. 3d at 775-76. The
"standard focuses on the likely result that would occur during a new trial with all admissible evidence
at the new trial being relevant to that analysis." Id. Put simply, the analysis requires envisioning how
a new trial or resentencing would look with all of the evidence that would be available. Under
Swajford/Hildwin that includes evidence that was presented during the defendant's postconviction
proceedings. That includes not only the extensive mitigation evidence that was introduced at the
defendant's postconviction evidentiary hearing, but also the evidence debunking the microscopic hair
analysis that was presented in the successive postconviction proceeding. See Procedural History
above. Also, the law that would govern at a new penalty phase trial must be part of the analysis.
In Hurst v. Florida, the United States Supreme Court cited to the harn1less error review
standard delineated in Neder v. United States, 527 U.S. I (1999). Drawing from Neder, the Florida
Supreme Court unambiguously explained in Hurst v. State the harmless-error test that courts should
employ when reviewing Hurst errors:
The harmless error test . . . places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is no reasonable possibility that the error contributed to the conviction .... Where the error concerns sentencing, the error is harmless only if there is no reasonable possibility that the error contributed to the sentence. Although the harmless error test applies to both constitutional errors and errors not based on constitutional grounds, the harmless error test is to be rigorously applied, and the State bears an extremely heavy burden in cases involving constitutional error. Therefore, in the context of a Hurst v. Florida error, the burden is on the State, as the beneficiary of the error, to prove beyond a reasonable doubt that the jury's failure to unanimously find all the facts necessary for imposition of the death penalty did not contribute to Hurst's death sentence in this case.
Hurst v. State, 202 So. at 68 (internal citations and quotation marks omitted). Given a review of all of
20
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the evidence that would be presented at a new penalty phase trial and the entire pre- and post
conviction record in this case, and in light of the requirements that any Hurst compliant penalty phase
scheme would have to meet, the State cannot meet this "extremely heavy burden."
Accordingly, Rule 3.851 relief is warranted. Mr. Johnson's death sentence should be vacated
and a new penalty phase ordered.
CONCLUSION
Based on the foregoing, Mr. Johnson prays for the following relief, based on his prima facie
allegations showing violation of his constitutional rights: I) a "fair opportunity" to demonstrate that
his death sentence stands in violation of the Sixth and Eighth Amendments and Hurst v. Florida, Perry
v. State and Hurst v. State; 2) an opportunity for further evidentiary development to the extent
necessary; 3) leave to supplement this motion should new claims, facts, or legal precedent become
available to counsel; and, 4) on the basis of the reasons presented herein, Rule 3.851 relief vacating his
death sentence of death and substituting a life sentence on the basis, or alternatively a new penalty
phase proceeding.
Respectfully submitted,
/s/ Mark S. Gruber Mark S. Gruber Florida Bar Number 0330541 Assistant CCRC Email: [email protected] Secondary Email: [email protected] Law Office of the Capital Collateral Regional Counsel Middle Region 12973 North Telecom Parkway Temple Terrace, Florida 33637-0907 (813) 558-1600
/s/ Julie A. Morley Julie A. Morley Florida Bar Number 0085158 Assistant CCRC
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Email: [email protected] Secondary Email: [email protected]
CERTIFICATE OF COMPLIANCE WITH FLA. R. CRIM. P. 3.851(e)(l}(F)
I HEREBY CERTIFY that I have fully informed in writing the contents of this amended
motion with Emanuel Johnson, that I have comp lied with Rule 4-1. 4 of the Rules of Professional
Conduct, and that this amended motion is filed in good faith.
/s/ Mark S. Gruber Mark S. Gruber Florida Bar Number 0330541 Assistant CCRC Email: [email protected] Secondary Email: [email protected] Law Office of the Capital Collateral Regional Counsel - Middle Region 12973 North Telecom Parkway Temple Terrace, Florida 33637-0907 (813) 558-1600
/s/ Julie A. Morley Julie A. Morley Florida Bar Number 0085158 Assistant CCRC Email: [email protected] Secondary Email: [email protected]
22
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a tme copy in PDF format of the foregoing Successive Motion to
Vacate Death Sentence has been transmitted to this Court through the Florida Courts E-filing Portal,
which will serve a Notice of Electronic Filing to: Timothy A. Freeland, Assistant Attorney
General, Office of the Attorney General, at and
Attorney, 2071 Ringling Blvd., Sarasota, FL 3423, and
Correctional Institution, P.O. Box 1000, Raiford, Florida 32083 by U.S. Mail, prepaid first class
postage, on this 6th day ofJanuary, 2017.
Mark S. Gmber Florida Bar Number 0330541 Assistant CCRC Email: [email protected] Secondary Email: [email protected] Law Office of the Capital Collateral Regional Counsel - Middle Region 12973 North Telecom Parkway Temple Terrace, Florida 33637-0907 (813) 558-1600
/s/ Julie A. Morley Julie A. Morley Florida Bar Number 0085158 Assistant CCRC Email: [email protected] Secondary Email: [email protected] us
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
v.
EMANUEL JOHNSON,
Defendant I --------
CASE NO. 88-3198-F CASE NO. 88-3199-CF-A-Nl Victim Iris White Capital Post-conviction Case
APPENDIX IN SUPPORT OF DEFENDANT'S SUCCESSIVE MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE
Appendix A: Judgment and Sentence
148
Y (Cheuk If App/le~) CJ PROBATION VIOLATOR
D COMMUNITY CONTROL VIOLATOR
D RETRIAL
.. 91066392 1
IN THE CIRCUIT COURT, TWELFTH JUDICIAL CIRCUIT, IN AND FOR
SARASOTA COUNTY, FLORIDA
DIVISION FELONY ~: 0 RESENTENCE
STATE OF FLORIDA
-vs-
CASE NUMBER __ a_a_-_31_9_9~_r ______ ~ ~ Nlil (;)I-{ .... (') 01-1
EMANUEL JOHNSON AMENDED NUNC PRO~ TO 5/24/91 TO REFLECT CORRECT DEGREE OF CRIME
Defendant
JUDGMENT The Oefendant,, ___ .;;:;EMANUE~ __ L_JO_H_NSO_N ___________ ,belng personally before this
Court represented by ___ AD={.lt,1"--TE=-B_RU""'GG'"'E ______ ~-----, his attorney of record, and having:
(Check Applicable Provision)
COUNT
~ Been tried and found guilty of the following crlme(s) D Entered a plea of guilty to the foifowlng crlme(s) . D Entered a plea of nolo contendere to the following crlme(s)
CRIME OFFENSE STATUTE NUMBER($)
DEGREE CASE OF CRIME NUMBER
MURDER IN TilE FIRST DEGREE 782,04(l)(a) CAPITAL
----------- ----------- --- ---
and no cause having been shown why the Defendant should not be adjudicated guilty, IT IS ORDERED THAT the De fen, dant Is hereby ADJUDICATED GUILTY of the above crlme(s).
The Defendant Is hereby ordered to pay the sum of twenty dollars ($20.00) pursuant to F.S. 960.20 (Crimes Com pen· satlon Trust Fund). The Defendant Is further ordered to pay the sum of three dollars ($3,00) as a court cost pursuant to F.S. 943.25(4).
0 The Defendant Is ordered to pay an additional sum of two dollars ($2.00) pursuant to F.S. 943.25(8). (This provision is optional; not applicable unless checked).
(Check ii Appl/09b/e) D The Defendant Is further ordered to pay a fine in the sum of$ ··------~pursuant to F.S. 775.0835. (This provision refers to the optional fine for the Crimes Compensation Trust F'.1nd
1 and Is not
applicable unless checked and completed, Fines imposed as part of a sentence pursuant to F.S. 775.083 are to be recorded on the Sentence page(s)).
0 The Court hereby Imposes addition al court costs in the sum of $200.00/ttec~WxRMSd,&lixlx lffl8~~"~~~
D COURT COSTS WAIVED.
0 COURT COSTS CONSOLIDATED INTO
Page 1 of __ 2 __
;i:, I:"
'"dll'
~~ tl10
Ii:) t::I
\0 C/l 0 Olr
*
149
Imposition of Sentence Stayed and Withheld (Check If Applicable)
._, 1a
D The Court hereby stays and wltholds the imposition of sentence as to count(s) --and places/continues/extends the Defendant on probation/community control for a period of under the supervision of the Department of Corrections (conditions of probation/community control set forth Jn separate order.) t:ll *
8* :,,::o
sentence Deferred
(Check if Applicable
D The Court hereby defers Imposition of sentence until Until Later Date
TO BB SET ~ ~ ----------wH (date) 6 8
The Defendant In Open Court was advised of his right to appeal from this Judgment by flllng notice of appeal with the Clerk of Court within thirty days followlng the date sentence is Imposed or probation Is ordered pursuant to this ad· Judlcatlon. The Defendant was also advised of his right to the assistance of counsel In taking said appeal at the ex·
""' of tho Stoto ,po, ,howl"' of lodlg'"ey ~
J E
FINGERPRINTS OF DEFENDANT
1.R.Thumb 2. A. Index 3. A.Middle 4. R. Ring 5.R.Llttle
FOR FINGERPRINTS, SEE OFFICIAL RECORD BOOK 2304, PAGE 977, SARASOTA OXJNI'Y, FIDRIDA
7. L Index a. L Mlddle 9. L. Ring 10. L Little
E: ~ r- :,,:, 0 /11 C:.:l
N '°'..;,;!,: Fingerprints taken by:
- ',,: .
Name and Title
DONE AND ORDERED In Open Court at Sarasota County, Florlda, this day of -------A.O., 19 __ . I HEREBY CERTIFY that the above and for Ing fingerprints are the fingerprints of the Defendant, __________________ and tha ey were placed thereon by said Defendant In my presence in Open Cot.Jr! this date.
008785 Page ___ ot_L_
> t:"'
~: Q () ti:10
::0 t:l
<.CCI) 0 .... *
*
150
O COMMUNITY CONTROL VIOLATOR
0 RETRIAL
91066393
IN THE CIRCUIT COURT, TWELFTH JUDICIAL CIRCUIT, IN AND FOR
SARASOTA COUNTY, FLORIDA
DIVISION FELONY
)
1
b:l * 0 RESENTENCE 8*
CASE NUM8ER ___ 8;;..;.8_-3"""1-'-98_-_F _____ ;,c; ~ STATE OF FLORIDA
-vs- AMENDED N!JNC PRO TUNC TO 5/24/91 TO REFLECT CORRECT Q-IARGE
EMANUEL · JOHNSON
Defendant
JUDGMENT The Defendant,, ___ 'l!WI.NlJE ___ L_JOH_NS_ON ____________ ,belng personally before this
ADAM TE:8RUGGE Court represented by ------------------· his attorney of record, and having:
(Check Applicable Provision)
XX Been tried and found guilty of the following crlme(s) O Entered a plea of guilty to the followlng crlme(s) D Entered a plea of nolo contendere to the following crime(s)
COUNT CRIME
BURGLARY WHILE ARMED WITH A DANGEROUS WEAKJN
OFFENSE STATUTE NUMBEA(S)
810, 02
DEGREE CASE OF CRIME NUMBER
1ST P.B.L.
------------ ------------ ---,-- ---~~ )"tl1'1" '..I~ r
------------ ------------ r:;;,. ,,,, ___m__._
--· ·--- ~c t ~ ....------------ ------------ ;;;:: ... : I
-t - 'C:I = .. :h:..·,; bieo Showa why the o,t,rutant sho,ld 001 "' "''""""' '"""' rr IS t=T thO Deteodant Is hereby ADJUDICATED GUILTY of the above crime(s).
The Defendant Is hereby ordered to pay the sum of twenty dolfars ($20.00) pursuant to F.S. 960.20 (Crimes Compen· sa!ion Trust Fund). The Defendant is further ordered to pay the sum of three doll11rs ($3.00) as a court cost pursuant 10 F.S. 943.25(4).
D The Defendant is ordered to pay an additional sum of two dollars ($2.00) pursuant to F.S. 943.25(8). (This provision IS optional; not applicable unless checked).
(Check ii Applicatla) D The Defendant is further ordered to pay a tine In the sum ol $ -·------pursuant to F.S. 775.0835. (fhls provision refers to the optional tine tor the Crimes Compensation Trust F:1nd, and Is not applicable unless checked and completed. Fines imposed as part of a sentence pursuant to F.S. 775.083 are to be recorded on the Sentence page(s)).
NI 'l'l WH .... (') OH
> I:"
'"CJ?;! >l"J ~(') trlO ~ t:i
<i:)(/l 0 Nl *
*
D The Court hereby Imposes addltlonal court costs In the sum or $200.00/1~0 6All<f TIME l:Jlfflt;$200.00 flAlei II~ rtJLI. PUABUANT Te F.S. 2r.S45S.
0 COURT COSTS WAIVED.
D COURT COSTS CONSOLIDATED INTO
Page 1 008782
151
1a
D The Court hereby stays and wit holds the Imposition of sentence as to count(s) __ _ Imposition of Sentence Stayed and Withheld · (Check it Applicable)
and places/continues/extends the Defendant on probation/cof munlty control for a period of unoer the s pervlsion of the Department of Corrections (conditions of probation/community control s t forth In separate order.) gJ :
0 ;,-;o
"1
Sentence Deferred
(Check It Applicable
ira The Court hereby defers imposition of sentence until ----------~ ~ ~ . Until Later Date (date) ~ 8
The Defendiint In Open Court was advised of his right to appeal from ttiis Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence Is lmpol:led or probation Is ordered pursuant to this ad· judlcatlon. The Defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of lndlgency.
~OGE
FINGERPRINTS OF DEFENDANT
1. R. Thumb 2. A. Index 3. R. Middle 4. R. Ring 5. R. Little
FOR FINGERPRINTS, SEE OFFICIAL RECORD BOOK 2304, PAGE 979, SARASOI'A COUNTY, FLORIDA
6. L Thumb 8. L Middle 9, L. Ring 10, L, Little
Fingerprints taken by:
Name and Title
DONE AND ORDERED In Open Court at Sarasota County, Florida, this day of _______ A.O., 19 __ , I HEREBY CERTIFY that the above and foregoing fin rints are the fingerprints of the Defendant, __________________ and that they wer laced thereon by said Defendant in my presence In Open Court this date.
Page~2~~o'~-2~- 008783
;)> I:"
"cl~ >trJ G"lC"l MO
:l.l t,
to (/l 0 w*
*
152
,•·, '/ 1 ~Jti~i~
(ChtU;k ;n:::;1icable) 0 PROBATION VIOL.ATOR IN THE CIRCUIT COURT, lWl!LFTH
JUDICIAL CIRCUIT, IN ANO FOR 0 COMMUNITY CONTROL VIOLATOR •
() RETRIAL SARASOTA COUNTY, FLORIDA
0 RESENTENCE
STATE OF FLORIDA
-vs-
DIVISION FELONY
CASENUMBER~~~-88~--3~19_8_-r'--~~~~-
»IENOED MJIIC POO rur-c 1'0 5/24/91 'IO REFLECI' OORRECT OiARGE
EW\NlltL JCl-lNSON Defendant
JUDGMENT • The Oelendant ____ ~ ___ L_J_CH_1'SOO ______________ ,,belng personally before this
Coun represented by ___ AON1 __ TE_B_ROOGE ____________ , his atrorneyof record, and having:
(Check Appllcablt1 Provision}
COUNT
XX Been tried and found guilty ol the following crlme(s) O Entered a plea of guilty to the loflowlng crime(s) 0 Entttrtd a plea of nolo conlendere lo Iha lollowlng crlme{s)
CRIME OFFENSE STATIJTE NUM9!:R(S)
810,02
DEGFIEE CASE OF CRIME NUMBER
1ST P,8,L, ~-------~~~~~~-- ------ ------
--- ------------ ------------ ---- ----
------------ ------------- - ---and no cause havi'n11 been shown why lhe Defendant Should not be adJudicated gull!y, IT IS ORDERED TiiAT lhe Deltn• c!ant Is hateby AOJUOICATEO GUILTY of tht above ctlme(s).
The Defendant Is hiieby ordered to pay the sum of twenty dollars ($20.00) pursuanl to F.S. 960.20 (Ctlmtts Comp11n· sarlon Trust Fund). The Defendant Is funher ordered to pay the sum ol three dollars ($3.00) as a cour1 cost pursuanl to F.S. 94J,25{4), ~
.- 0, The Defendant Is ordered lo pay an additional sum ol lwo dollars ($2.00) pursuant to F.S. '943.25(8). Onls provision Is optional; not applicable unless checked).
(Check If Appficab/11) . 0 The Defendant Is fu'1her ordered lo pay a line it1 the sum ol S pursuanl to F;S. nS.0835. (fhls provision refers to lhe opllonal fine for the Crimes Compensation Trust F·1nd, and Is not ar,plicable unless checked and completed. Firies Imposed as par1 01 a se111ence pursuarit 10 F.S. 775,083 ar11 10 be recorded on the Sentence page(s)).
0 The Cou11 hereby Imposes ;1ddlllonal cour1 eosrs in lhe $Um ol $200.00/NO C,A114 Tltt!E tJHl'I~ $200,00 PAie, 114 Ft:JLL f'l:JR3tlAHT Te F.a. f7.:l45S.
0 COURT COSTS WAIVED.
0 COURT COSTS CONSOLIDATED INTO ------------..¥.-0 8 8 0 7 Page 1 01 __ 2 __
153
lmpo11lllon ot Senienc::e S1iye<I and Wllhheld {Check If Applicable)
Sentence Deterred
{Chr,ck If Applicable
1a
0 The Coun hereby s111ys Ind wlthOld$ the tmposlllon ol senience as 10 coun1(s) __ _ and plac1s/conllnuesJex1ends lhe Oelendan1 on proba1lon/communily control for a period ol under Iha supervision of the Department ol Correcllons (condlllons of probalion/community co11uol set lonn tn $epara1e order.)
l'3 The Coun neraby defers lmposilion ol san1ence unlll Unllf Later Date
'lO BE: SET
• (aa1el
The Oetendant In Open Coun was advised ol his right lo appeal from lhis Judgment by ll~lng iotlce ol appeal with 1ru1 Clark of Court within thlny days tollowlng lhe date sentence is lmpased or probation Is o.L(!ered pursuant 10 this ad• Jui:ilcalion. The Oalendant wu also advised ol his right to the as11ls1ance of coun11el In tak'ing said appaal al Iha ex, pense of the State upon showing ol lndigency. •.:,
~~., FINGERPRINTS OF DEFENDANT
1.R. Thumb 2. R. Index 3. R. Middle 4. R. Ring 5. R. Little
FOR Fit-aRPRil'll'S, SE£ OFFICIAL RECORD OCtl< 2304, PAGE 979, SARASOl'A CI:XJN'N, FLORIDA
6. L. Thumb 8. l.. Middle 9. L Ring 10.1.. Ullle
· Fingerprints taken by;
Name and TIiie
DONE AND ORDERED ln Open Court at Sarasota County, Florida, this day or ---.:-----A.O., 19 __ I HERESY CERTIFY lhal lhe above and foregoing fin rints are the fingerprints ol tha Oelendant, and that they wer laced thereon by said Oelendant in my presence in Open Court thl$ date.
JUDGE
008808 Page _2 __ of __ 2 __
154
"
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
EMANUEL JOHNSON,
Defendant.
CASE NOS. 1988 CF 3198 NC 1988 CF 3199 NC
/
ORDER GRANTING EXTENSION OF TIME TO FILE A WRITTEN RESPONSE TO DEFENDANT'S SUCCESSIVE POSTCONVICTION MOTION
THIS MATTER is before the Court on the State's "Unopposed Motion for Extension of
Time," filed January 26, 2017. The State requests additional time to file its response to
Defendant's successive Rule 3 .851 postconviction motion, filed January 6, 2017, because recent
developments in the law have resulted in a large influx of successive capital postconviction
motions requiring a prompt response. Upon consideration of the motion, and noting that
Defendant has no objection to the request, it is
ORDERED AND ADJUDGED that the State's "Unopposed Motion for Extension of
Time" is GRANTED. The State shall file its written response to Defendant's successive
postconviction motion on or before March 13, 2017.
DONE AND ORDER,ED in Chambers in Sarasota, Sarasota County, Florida on this ~t'A
day of January 2017.
Filed 01/31/2017 01:37 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
155
•
r
CERTIFICATE OF SERVICE
I hereby certify that on this ~ay of January 2017, a copy of the foregoing order was furnished to: Timothy A. Freeland, Assistant Attorney General, [email protected], 3507 E. Frontage Rd., Suite 200, Tampa, FL 33607"7013; Mark S. Gruber and Julie A. Morley, Assistant CCRC, [email protected], [email protected], 12973 N. Telecom Parkway, Temple Terrace, FL 33637"0907; and Karen Fraivillig, Assistant State Attorney, [email protected], 2071 Ringling Blvd., Sarasota,
FL 34237. ~ _::B, fr By: .tl. ~ ~
Filed 01/31/2017 01:37 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
156
Filing# 53550817 E-Filed 03/10/2017 09:21:28 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
v. CASE NO. 88-3198-F
EMANUEL JOHNSON,
Defendant.
CASE NO. 88-3199-CF-A-Nl (Victim Iris White) Death Penalty Case
STATE'S ANSWER TO DEFENDANT'S SUCCESSIVE MOTION FOR POST-CONVICTION RELIEF
COMES NOW, the State of Florida, by and the
unders counsel, and re to Defendant's successive
motion pursuant to Florida Rule of Criminal Procedure 3.851, and
in thereof states the fol
PROCEDURAL HISTORY AND FACTS
State Court Procedural History
Emanuel Johnson was with the murder of Iris
White, an woman for whom he had previous done yard work,
and was found as The trial court found the
fol
committed for
( 1) violent felonies; (2) murder
(3) the murder was heinous,
1 Johnson was previously found guilty of the murder of Jackie McCahon in case number 88-3200, which is the ect of a similar Hurst motion; he was also found of murder while armed with a weapon, of a dwell
weapon, and while armed with a weapon in case number 8 8 32 02, and in case number 8 8 3246, and armed in case number 88-3438.
Filed 03/10/2017 09:23 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
157
atrocious, or cruel. The jury recommended death by a vote of eight
to four. The Florida Court affirmed Johnson's convictions
and sentences on direct appeal. Johnson v. State, 660 So. 2d 637
(Fla. 1995). Johnson's on for certiorari review in the United
States Supreme Court was denied in Johnson v. Florida, 517 U.S.
1159 (1996).
In upholding the convictions and death sentences, the Florida
Supreme Court set forth the following factual summary:
On October 4, 198 8, police found the body of 7 old Iris White. She was naked from the waist down and had suffered four stab wounds, one incised wound, and blunt trauma to the back of the head. A of fatal wounds penetrated the lungs and heart. The body also showed evidence of defensive wounds and abrasions near the and anus most li caused by a forceful
by hand or ls.
Police found a screen in the living room had been cut and the lower window raised. The fingerprints of Emanuel Johnson were recovered from the window sill. Police also found two pubic hairs that showed the same microscopic characteristics as Johnson's, though an expert stated that an exact identification was not possible. Johnson had done work for White some years earlier.
After a lengthy interrogation on October 12, 1988, Johnson gave a taped confession to police. He stated that he knocked on White's door to talk about lawn maintenance. When she the door, he then her, choked her to unconsciousness, and then stabbed her several times. Johnson said he then left the house, locking the door behind himself, but forgot to take White's wallet. minutes later he cut open the window screen, climbed in, took the wallet, and left. Johnson said he later threw the wallet in an area where a road surveyor later found it.
Johnson v. State, 660 So. 2d 637, 641 (Fla. 1995).
2
158
ARGUMENT
HURST IS NOT RETROACTIVE AND DOES NOT BENEFIT JOHNSON
A rule 3.851 motion for post-conviction relief must be filed
and sentence becoming final. Fla.
R. Crim. P. 3.851(d). Johnson's motion is and must be
summarily dismissed or denied. Johnson's case became final in 1995
fol the affirmance of his sentence on direct . The
Florida Court held that Hurst v. Florida 136 S. Ct. 616
(2016) does not to cases that were final when
the opinion was issued June 24, 2002. _M_o_s~~_v_.~S_t_a_t_e Nos.
SC14-436, SC14-2108, 2016 WL 7406506 (Fla. Dec. 22, 2016).
Therefore, Johnson is not entitled to relief under Mosley, because
Hurst does not retroactively to him. This conclusion is
reinforced by the Florida Supreme Court's decision in Asay v.
St ate, Nos . SC 1 6 - 2 2 3 , SC 1 6-1 0 2 , SC 1 6- 6 2 8 , 2 0 1 6 WL 7 4 0 6 5 3 8 , * 13
(Fla. Dec. 22, 2016), in which the Court held that any case in
which the death sentence was final before was decided would
not receive relief based on Hurst. is controlling, and
Johnson's motion must be summarily denied.
While Johnson's first effort to raise a Ring claim occurred
in (he raised it in an amended motion filed
Ring v. Arizona, 536 U.S. 584 (2002).
3
159
after
not he
to Ring.
was decided in 2002), it makes no difference whether or
a Ring because his sentence was final
v. State Nos. SCll-2403, SC12-2465, 2017 WL 526507,
*16 (Fla. Feb. 9, 2017); Gaskin v. State, No. SC15-1884, 2017 WL
224772, *2 (Fla. Jan. 19, 2017); Asay, 2016 WL 7406538 at *13, and
Mos 2016 WL 7406506 at *18. The Florida Court has set
a clear boundary for the retroactive application of Hurst. Johnson
is outside that boundary. Accordingly, his successive motion must
be denied.
Johnson contends that under James, fairness and uni
require that Hurst be retroactively ied to all cases. Fairness
and uni
that his
no such . Johnson cannot establish
was less accurate than future
sentencing procedures employing the new standards announced in
Hurst v. State, 202 So. 3d 40 (Fla. 2016). Just like did not
enhance the fairness or efficiency of death penalty procedures,
neither does Hurst. Johnson v. State, 904 So. 2d 400, 409 (Fla.
2005). As the United States Supreme Court has explained, "for every
juries are more accurate factfinders, there is another
why they are less accurate." Schriro v. Summerlin 542 U.S. 348,
356 (2004). Because the accuracy of lJohnson' s death sentence is
not at issue, fairness does not demand retroactive application of
James v . St ate , 615 So . 2 d 6 6 8 ( Fl a . 1 9 9 3 ) .
4
160
Hurst v. State.
As to uni Johnson appears to that any new
development in the law should be applied to all cases. Inherent in
the of is that some defendants will
the benefit of a new development, while other defendants will not.
a line between newer cases that will receive a benefit and
older, final cases that will not receive a benefit is part of the
of is. If it were not this way, cases
would never get resolved. With every new development in the law,
defendants would a new trial or a new
Given that litigation in capital cases can span decades, there
would never be finality.
Moreover, the Florida Court has never the
procedure espoused by Johnson. Indeed, his suggestion that this
Court must incorporate all subsequent changes in the law into the
cumulative analysis required under Hildwin v. State 141 So. 3d
1178 (Fla. 2014) s the rules as well as the
procedural requirements of Jones v. State, 591 So. 2d 911 (Fla.
1991). Under Jones, the trial court is to both the
newly discovered evidence and the evidence which was introduced at
the trial; in its decision, the court must assess "whether
such evidence, had it been introduced at the trial, would have
resulted in an ff at 916. the focus
5
161
under Jones is what the jury that heard the original trial would
have done. Thus, the correct is is whether the defendant's
newly discovered facts, when viewed through the lens of the
defendant's jury, under the correct law in effect at the time of
the defendant's trial, would have produced an acquittal. 4 The
instant motion seeks to y a new and non-retroactive
legal rule; it should be summari dismissed as untimely and
unauthorized. Waterhouse v. State 82 So. 3d 84, 91 (Fla. 2012).
To do otherwise would effectively render all subsequent statutory
retroactive. Moreover, Johnson's would
unnecessarily and improperly cast doubt on the integrity of the
trial and limit the State's
legitimate interest in maintaining finality of judgment. Witt v.
State, 387 So. 2d 922, 929 (Fla. 1980).
Johnson points to other cases in which laws have been held
4 This is is consistent with the former rule to writs of error coram nobis, which required the reviewing court to assess whether the newly discovered facts, had they been known to the trial court, would have conclusi prevented entry of judgment. v 371 So. 2d 482 (Fla. 1979). While.;;....;;.........;...;.. held that Hallman was too strict in terms of requiring conclusive proof, the court retained the backward-looking focus. This view is consistent with maintaining finality of judgment. See Witt at 929-930.
See, e. . (Statutory
v. State 787 So. 2d 265 (Fla. 1st DCA 2001) or decisional
discovered ufacts;" a Witt is."
changes in the law are not newly them as such uwill remove any need to
Id. at 267).
6
162
whol retroactive in support of his case against partial
. Just because some cases have been held
retroactive does not mean that all cases should be so, nor does
this Honorable Court have the to icable,
binding precedent. The Florida Supreme Court has mandated that
Hurst be retroactive only to cases not final when was decided,
and this Court is unable to overrule the authoritative precedent
of the Florida Court. Moreover, Florida is a clear outlier
for any retroactive effect to an based
error. 7 Neither the United States Constitution nor the
Florida constitution mandate retroactive ication of Hurst. The
courts have almost universal held do not have retroactive
application. See Destefano v. Woods, 392 U.S. 631 (1968) (per
curiam) (holding the Court's decision in Duncan v. Louisiana, which
guaranteed the right to a jury trial to the States was not
retroactive); v. United States 266 F.3d 1245, 1255, 1259
530 U.S. 466 (2000). 7 As by the E Circuit in States, 810 F.3d 568, 575 (8th Cir. 2016), the consensus of judicial opinion flies square in the face of giving any retroactive ef feet to an Apprendi based error. Apprendi' s rule "recharacteriz certain facts as offense elements that were previously thought to be sentencing factors" does not lay "anywhere near that central core of fundamental rules that are absolutely necessary to insure a fair trial." 8 Teague v. Lane, 489 U.S. 288 (1989).
7
163
(11th Cir. 2001) (holding not retroactive under
and that every federal circuit to consider the issue
reached the same conclusion); Varela v. United States, 400 F.3d
864, 866-67 (11th Cir. 2005) that Court
decisions, such as Ring, Blakely, and Booker, applying Apprendi's
rule" in various contexts are not
retroactive); State v. Johnson 122 So. 3d 856, 865 66 (Fla. 2013)
(holding not retroactive in Florida) . 9 See also State v.
Towery, 204 Ariz. 386, 393 94, 64 P.3d 828, 835 36 (Az. 2003)
new , many witnesses no
longer available, would impose a substantial and unjustified
burden on Arizona's administration of justice" and would be
inconsistent with the Court's duty to protect victims' rights under
the Arizona Constitution); Rhoades v. State, 149 Idaho 130, 139-
40, 233 P.3d 61, 70 71 (Id. 2010) (holding that is not
retroactive after conducting its own independent analysis
9 The Eleventh Circuit Court of lead case is not retroactive, neither is its progeny. In Jeanty v.
reiterated
retroactive applying its Florida
757 F.3d 1283, 1285 (11th Cir. 2014), the court its view that 's rule does not
on collateral and if the rule is not on collateral review then neither is a decision rules. This has also been the prior practice of the
Court which has determined that and its progeny were not to be ied in Florida. See
--"'---
v. State, 901 So. 2d 837, 844 (Fla. 2005) (holding that is not retroactive and noting that ~neither the accuracy of convictions nor of sentences and final before issued is serious . ").
8
164
and observing, as the Supreme Court did in Summerlin, that there
is debate as to whether juries or j are the better fact-
finders and that it could not say "confidently" that judicial
"serious diminishes accuracy."). Johnson's fairness
argument pales against the interests of the State. The State
Johnson in good faith under the law exi at the
time of his trial. He received a fair trial. Fairness requires
final in cases; fairness the interests of the victims'
family members be considered; fairness requires Johnson's motion
be denied. However, even aside from fairness, the Florida
Court has made it very clear that Hurst is not retroactive to
defendants like Johnson, whose sentence was final when was
announced. ..;;__;__..;;......k ...... i ...... n 2017 WL 224772 at *2 ("Because Gaskin' s
sentence became final in 1993, Gaskin is not entitled to relief
under Hurst v. Florida.") (citing v. State v. State
2017 WL 526507 at *16 (rejecting defendant's post-conviction
claims "because Hurst does not apply to cases that
were final before was decided) .
CLAIM I: JOHNSON'S SENTENCE DOES NOT VIOLATE THE SIXTH AMENDMENT
Johnson's first claim alleges error because his death
10 See also Sarasota Circuit Judge Rochelle Curley's order denying Hurst relief in State v. Robert J. Trease, Case No. 1995-CF-2207 rendered March 6, 2017. A).
9
165
sentence was conducted under a procedure later deemed
unconstitutional. As Johnson no relief
because Hurst is not retroactive, no matter what analytical
is . Since Hurst does not to there is
no constitutional error to correct. A Rule 3.851 motion for post
conviction relief must be filed within one year after the j,,~,~~c,n
and sentence are finalized. Fla. R. Crim. P. 3.851 (d). If this
time period res, a motion filed thereafter is
barred unless it alleges:
(A) the facts on which the claim unknown to the movant or the movant's not have been ascertained by the exercise diligence, or
due
(B) the fundamental constitutional right asserted was not established within the period provided for in subdivision (d) (1) and has been held to apply retroactively, or
(C) postconviction counsel, through neglect, failed to file the motion.
Fla. R. Crim. P. 3.851(d)(2)
ly
Additionally, a "motion filed under this rule is successive
if a state court has ly ruled on a post-conviction motion
chal the same judgment and sentence." Fla. R. Crim. P.
3.851 (e) (2). A successive Rule 3.851 motion may be summarily denied
on the merits " [ i J f the motion, files, and records in the case
conclusively show that the movant is entitled to no relief." Fla.
R. Crim. P. 3.851 (f) (5) (B).
10
166
Here, Johnson filed his successive Rule 3. 851 motion after
the claims in his initial motion for relief had
been denied. The instant motion was filed on January 11, 2017,
which is well the one-year time limitation after Johnson's
judgment and sentence was finalized in 1996, when his petition for
writ of certiorari before the United States Court was
denied. Johnson v. Florida 517 U.S. 1159 (1996). Fla. R. Crim. P.
3.851(d) (1) (B) (judgment becomes final "on the disposition of the
petition for writ of certiorari by the United States Supreme Court,
if filed."). Thus, to be reviewed on the merits, Johnson's claims
must be either based on (A) new evidence that would have been
unknowable through the exercise of due dil or (B) a
fundamental constitutional right that has been held to apply
retroactively and was not established before 1996. Fla. R. Crim.
P. 3. 8 51 ( d) ( 2) (A) (B) . Johnson's motion does not meet these
When a constitutional rule is announced, its
apply to defendants whose convictions or sentences are pending on
direct review or not otherwise final. Griffith v. 479
U.S. 314, 323 (1987). In Hurst v. Florida the United States
Court extended its in Ring to Florida's death
penalty procedures, holding that the Sixth Amendment right to jury
trial rendered those unconstitutional because
11
167
allowed a judge to make the necessary findings to render a death
Hurst, however, does not to Johnson's case. In Asay,
2016 WL 7406538 at *7 14, the Florida Supreme Court ruled that
Hurst v. Florida does not to cases that were
final when Ring was decided. See also Mosley v. State, 2016 WL
7406506 at *18 ("[W]e have now held in v. State that Hurst
does not apply retroactively to capital defendants whose sentences
were final before the United States Court issued its
opinion in Ring."); 2017 WL 224772 (Fla. Jan. 19,
2017). As Johnson's conviction and death sentence was final long
before Ring was decided, Claim I must be dismissed as untimely.
CLAIM II: JOHNSON'S SENTENCE DOES NOT VIOLATE THE EIGHTH AMENDMENT.
Johnson next asserts that any jury recommendation of death
that is not unanimous violates the Amendment. This claim is
untimely, procedurally barred, and meri tless. In iano the
United States Supreme Court held that the Eighth Amendment is not
violated in a capital case when the ultimate responsibility of
imposing death rests with the judge.
447, 463-64 (1984), overruled on other
136 S. Ct. 616 (2016). In deciding
iano v. Florida 468 U.S.
by Hurst v. Florida,
the United
States Court the case to Sixth Amendment
grounds and overruled iano to the extent that it allows a
j to find circumstances of
12
168
a jury's fact-finding. Hurst, 136 S. Ct. at 618. The Court did not
address the issue of any possible Amendment violation, and
similarly, it did not overrule ~~_i_a_n_o on Eighth Amendment
Court has never held that a The United States
unanimous jury recommendation is required under the Eighth
Amendment.
The Florida Supreme Court has not express overruled the
United States Supreme Court's surviving in iano
moreover, it has no authority to do so. Florida has a conformity
clause in its state constitution that the state courts to
Florida's prohibition on cruel and unusual punishments
in with the United States Court's
Amendment jurisprudence. Art. I,§ 17, Fla. Const.; v. State
134 So. 3d 938, 947 (Fla. 2014) (noting that under Article I,
section 17 of the Florida Constitution, Florida courts are "bound
by the precedent of the United States Supreme Court" regarding
Eighth Amendment claims). Even if the Eighth Amendment mandates
unanimous jury recommendations of death, that requirement would
is not entitled to retrial under
CLAIM III: JOHNSON IS NOT ENTITLED TO A REEVALUATION OF HIS PREVIOUSLY LITIGATED CLAIMS.
Johnson next contends that he is entitled to a reevaluation
of his ly l newly discovered evidence claims. At
13
169
the outset, this claim should be dismissed as insufficiently pled,
as Johnson makes no effort to ain which claims he is
to. This claim is also without merit because neither Hurst nor
to breathe new life into denied claims.
In any event, Johnson's previously litigated newly discovered
evidence claims advanced to new facts. Hurst is
a case and does not resurrect Johnson's
previously denied claims, as it is new law. Without an affirmative
determination that applies to him, there is no legal basis
for Johnson to seek reconsideration of any
factual claims.
CLAIM IV: HURST DOES NOT APPLY, BUT, EVEN IF IT DID, ANY HURST ERROR IS HARMLESS.
clear under the controlling case of that Hurst does not apply
because Johnson's case was final before . Even if Hurst were
retroactive to Johnson, however, any Hurst error is harmless under
the facts of this case. In order to be harmless, there must be no
reasonable possibil
Johnson's death sentence.
that the Hurst error contributed to
No . SC 11 112 2 , 2 0 1 6 WL
v. State No. SC16-547, 2016 WL 6036982 (Fla. Oct. 14, 2016) .
14
170
6649941, *28 (Fla. Nov. 10, 2016); Hurst v. State, 202 So. 3d at
68. The found the trial court were either inherent
in the jury's verdict or uncontestable under the facts of this
case.
At Johnson's sentencing, the trial judge followed the jury's
ten to two death recommendation. Johnson's death sentence is
supported by a prior conviction for first degree murder, a
ifying aggravator. The Florida Supreme Court has ly
found Ring satisfied where aggravating factors were established by
either or violent felonies, as in this case.
See Miller v. State, 42 So. 3d 204, 218-19 (Fla. 2010); Poole v.
997 So. 2d 382, 396 (Fla. 2008); 965 So.
2d 108 (Fla. 2007); 866 So. 2d 51, 68 (Fla. 2004);
Johnston v. State, 863 So. 2d 271, 286 (Fla. 2003). The State
acknowledges that the Florida Supreme Court has receded from this
precedent following the Hurst remand. See Franklin v. State No.
SC13-1632, 2016 WL 6901498, *6 (Fla. Nov. 23, 2016) and Johnson v.
State, No. SC14 1175, 2016 WL 7013856, *3 (Fla. Dec. 1, 2016). The
court combined the Sixth Amendment is of the Court
in Hurst and added an Eighth Amendment component to determine
that our state constitution essential a unanimous jury
recommendation and concluded that weighing is a "fact" that must
be found by the jury. However, with a clause in Florida
15
171
binding the court to go no further than the Supreme Court on
the Amendment, such an , in the
State's view, is unsound. See In re Bohannon v. State, No. 1150640,
2016 WL 5817692 . 30, 2016) ( that "Hurst does not
address the process of weighing the aggravating and mitigating
circumstances or that the jury must conduct the
process to satis the Sixth Amendment" and that [. . . J "Hurst
focuses on the jury's factual finding of the existence of an
aggravating circumstance to make a defendant death-eligible[.]");
State v. Belton, No. 2012-0902, 2016 WL 1592786, *9, 2016-0hio-
1581, <[60 (Ohio April 20, 2016) (observing that "Federal and state
courts have upheld laws similar to Ohio's, that if a
defendant has al been found to be el
then subsequent weighing processes for sentencing purposes do not
implicate Apprendi and []" and that "[w]eighing is not a fact-
finding process subject to the Sixth Amendment[.]").
12 The State submitted a certiorari in Hurst asking the Supreme Court to grant review of the Florida Supreme Court's interpretation of to include the balancing of
and as an essential element of death Florida v. Hurst, No. 16-998 (Feb. 13, 2017). As
noted, the court's interpretation of Hurst conflicts with at least two recent state supreme court decisions from Ohio and Alabama. In addition, the Federal courts of appeal have uniformly rejected the
that and its progeny a jury to find beyond a reasonable doubt that aggravating factors outweigh mitigating factors or that such 'facts' need to be charged in an indictment. See United States v. Fields 516 F.3d 923, 950 (10th Cir. 2008); United States v. Mitchell, 502 F.3d 931, 993-94 (9th
16
172
Given that Hurst is an application of to Florida, and
the Florida Court has found that
contemporaneous convictions and prior violent felonies remove a
case from the scope of it should also follow that remove
this case from the scope of Hurst. Nonetheless, especially in light
of Johnson's confession, it can still be established that a
rational jury would have unanimous found the aggravating factors
and recommended death in this case. 13 Both , pecuniary
gain and HAC, are uncontestable on the weight of the evidence. In
held:
the in this case, the trial court
The murder of Iris White was committed while the Defendant was in the commission of the crime of burglary, which was committed for financial gain. The Defendant was convicted of Armed Burglary in Case No. 88-3198. Additionally, the Defendant, in his confession, stated that he stole dollars ($30.00) from the victim.
(R48/8812).
Cir. 2007); 486 F.3d 13, 31 (1st Cir. 2007); United States v. Fields, 483 F.3d 313, 345-46 (5th Cir. 2007); United States v. Purkey, 428 F.3d 738, 748 (8th Cir. 2005).
13 Obviously, it is quite a different dynamic entirely to instruct the jury that a death sentence requires a unanimous vote. Had the jury been instructed in 1 of Hurst v. Florida that a unanimous recommendation was additional deliberation would occur. In that case it is likely that all rational jurors, including those in this case that did not recommend death, would have voted to recommend that the Defendant forfeit his life under the facts in this case.
17
173
In finding the HAC aggravator, the trial court found as
follows:
The evidence established several special features this crime from the norm of first
murders. The vict ris White, was a 73 for whom the Defendant did the victim greeted the Defendant at her front door, she was grabbed around the neck and choked. Subsequently, the victim was found in her bed with her removed, her dress up around her waist, and over twenty (20) stab wounds in her upper body. The Defendant, in his confession, stated that after choking the victim and placing her on the bed, he went into the kitchen, took two (2) knives and returned to the bedroom where he repeatedly stabbed her. The medical examiner, Pearson Clack, M.D., testified Mrs. White was stabbed over
(20) times. He observed stab wounds in her face, neck and chest. Six (6) of these wounds her lungs and three (3) penetrated her heart, all of which were potentially fatal. He further noted the surface characteristics of some of the stab wounds indicated that either the victim was after the knife blade penetrated her body or that the knife blade was jiggled after penetrating the victim. Al though Dr. Clack was unable to establish with certainty the exact order of the wounds, he noted the victim could have remained conscious several minutes after the initial fatal stab wound penetrated either her heart or lung. S he also noted a defensive wound on the
hand. The defensive wound and the noted on other stab wounds indicate the
victim struggled with the Defendant during the attack. It should be noted that a pubic hair which could
belong to the Defendant was found in the victim's pubic hair. Further, Dr. Clack observed uries to the victim's vagina and anus, which in his , were inflicted during the attack which ultimately resulted in the victim's death.
(RS0/8812 8813). Any rational juror would have found that the
murder of the victim qualified for both the pecuniary gain
aggravator as well as the HAC aggravator.
18
174
A rational jury would have unanimous found the aggravating
factors if it had been instructed to, and it would have unanimous
found that the aggravating factors were sufficient for the
ition of and that the For
all these reasons, relief must be denied.
Defendant's that Caldwell v. Mississippi, 472 U.S. 320 (1985) mandates relief in this case is without merit. First, any complaint about jury instructions at this point is untimely and procedurally barred from consideration in this successive post-conviction motion. v. State 57 So. 3d 828, 838 (Fla. 2011). In addition, in order to establish constitutional error under Caldwell, a defendant must show that the comments or instructions to the jury "improperly described the role assigned to the jury by local law." Romano v. Oklahoma, 512 U.S. 1, 9 (1994). The jury was instructed on its role based upon the law existing at the time of Johnson's trial. It is ludicrous to suggest that the jury should have been instructed in accordance with a constitutional in the law which occurred more than a decade after the trial.
19
175
CONCLUSION
Based on the and Defendant's
successive post-conviction motion is without merit and must be
summari denied.
submitted,
PAMELA JO BONDI ATTORNEY GENERAL, STATE OF FLORIDA
TIMOTHY A. FREELAND Assistant Attorney General Florida Bar No. 0539181 Office of the Attorney General 3507 E. Rd., Suite 200
, Florida 33607-7013 : (813) 287-7910
[email protected] [email protected]
CO-COUNSEL, STATE OF FLORIDA
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 10th day of March, 2017, I
electronical filed the with the Clerk of Court by us
the Florida Courts E-Portal Filing System which will send a notice
of electronic filing to the following: Honorable Andrew D. Owens,
Jr., Lynn North Silvertooth Judicial Center, 2002 Ringling
Boulevard, Sarasota, Florida 34237, jpeters@jud12. flcourts. org;
Mark S. Gruber and Julie A. Morley, Assistants CCRC-M, Law Office
of the Collateral Counsel-Middle , 12973
North Telecom Parkway, Temple Terrace, Florida 33637 0907;
[email protected], [email protected]
20
176
[email protected]; and Karen Fraivillig, Assistant State
Office of the State Sarasota Criminal Justice
Building, 2071 Ringling Boulevard, Suite 400, Sarasota, Florida
34237-7000, [email protected] [and] [email protected].
CO-COUNSEL, STATE OF FLORIDA
21
ATTACHMENT A
178
v.
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
OF FLORIDA,
Plaintiff, CASE NO.: 1995-CF-2207
ROBERT J.
Defendant.
matter is
In of Hurst v. Florida Hurst v. State," filed January 11, 2017,
Rule of Criminal . The timely filed answer to
31, 2017. The conducted a case mana~:ement contere:nce
on 2017, at which time the Court, pursuant to Fla. R. Crim. P. 3.85l(f)(5)(B), heard
claims. of the
for the reasons set forth below, Court finds
is necessary in this matter. Court has reviewed Defendant's
answer, court
On Defendant's direct appeal of his judgment and capital sentence, the Florida Supreme
Court summarized facts of this case as follows:
On August 17, 1995, Hope Siegel arranged a date with the victim, Paul Edcnson, so Trease could learn where the victim hid his safe. When Siegel arrived at the victim's home they talked for a while, after which Siegel departed and walked to
179
Trease's location, and told him that the victim did not have a safe. followed her back to the victim's house where he surprised the victim and battered him in an effort to the information, Upon the victim's insistence that he did not have a safe in the told Siegel to a gun which Trease put to victim's head as he continued the questioning. The victim ""'"'""'""' uncooperative so Trease fired a nonlethal bullet into his head and then
for a knife with which he cut victim's throat. An expe1i medical 1" 01·,h,,,• that the victim would have died a later.
~ut,sec~uent to their Trease denied any knowledge of the crime, but made a taped statement implicating both. The had no physical evidence tying to so Siegel's testimony was critical at trial. The jury found guilty of burglary, and robbery with a
Trease v. 2000).
sentence.
its Mandate following
(90 days
appeal). See Fla. Crim. P. 3.851(d)(l)(A) ("For the purposes of this rule, a judgment is
... on time permitted to file in the United Court a
writ of certiorari seeking review of Supreme Court Florida decision affirming
after opinion becomes final) .... ").
2
180
Following the affirmance of his judgment and sentence, the postconviction procedural
of this case indicates repetitive vacillating intent on Defendant's part. The Florida
, .. ,,.,}.""'"'..., Court summarized a substantial portion of Defendant's postconviction proceedings as
follows:
fn March 2001, filed a pro se motion to waive postconviction and postconviction pro,cec:d1r1gs. After holding a hearing and conducting
a FarettcHype 2001, the court Trease competent l
v\)LIJl.'.'.11.,l.
ren1state his counsel to
was r<><'l'sl'1,>fi
nos:tcor1V1ct1<)n motion on May 9, 2007.
,1'"''''·,"' Appellate the.reaJ:ter, on May
r\11Y"'t'l/'\<CA of 2d (Fla.
Criminal 1 (i). On June 19, 2008, this motion and temporarily relinquished jurisdiction to the
proceedings required rule l(i) and Durocher.
On October 2, 2008, trial court held the Durocher hearing with Trease physically in the courtroom ....
trial court issued an order finding that (1) the consequences, (2) is competent, and (3)
oec:1s1crn to and dismiss all further proceedings is knowing, intelligent, voluntary. Accordingly, the trial judge
to counsel and end appellate review.
1 Meanwhile, on 11/19/01, Governor Jcb Bush for 02/07 /02; however, Governor Bush granted a
a death warrant for Defendant. The execution was scheduled ofExecution on 02/06/02.
3
181
v. State, 41 3d 119, 120-122 (Fla. 20 l 0). Defendant's discharged counsel appealed
the dismissing counsel and ending further appellate review, and Defendant pursued his
postconviction options as follows:
On December 2008, motion to
at
Id.
at l
a petition the
1. v. 131 S. 1479 1 ).
for writ of corpus in district court in
under case no. 8: 1 T~23TBM. By order rendered January 12, 2017, the United
Court the Middle District of Florida stayed Defendant's habeas petition and
case noting that Defendant must file an appropriate motion when
v. State (February 2, 6), is final.
4
182
In his present motion) Defendant requests the Court to vacate his death sentence in this
case on the basis that he is entitled to under Hurst v. Florida, 136 S. Ct. 616 (2016), and
and
argues
(1
Motions under Rule 1 generally must be filed within one year of the date
sentence become final. Fla. R. P. 1 ( d). As previously noted,
is nortet11.e1ess
on January 10, 2001. Defendant argues that
Rule 3.851 (d)(2)(B), which provides an exception
held to apply retroactively
( 1) under the fundamental
James v. State, 615 So. 668 (Fla. 1993);
retroactivity analysis established in Witt v. State, 387 So. 2d
law in decision in
s. 718 16)."
In Mosley, Florida Supreme Court actclressect retroactive application of Hurst v.
and Hurst v. State under two approaches. First, the
2 4 l Fla. L. 41 Fla. L.
S629 (Fla. Dec. 2016), reh 'g SC 2017 WL 510491 S646 Dec. 22, 2016), reh 1g denied, SCl 6- 2017 WL 431741
5
Feb. 8, 2017). Feb. 1,
183
Mosley was to retroactive application under the principle of fundamental fairness
he
was then rej ectcd at every turn. "4 Second,
a Ring claim at his
Florida Supreme Court
v. Florida
In contrast
nature
V.
Gaskin v. State, 42 Fla. L. 12/d. at *2.
V.
on
application based upon a Witt 5 analysis. 6
became final after the United States Supreme
"[a]lthough [his] direct appeal was pre~Ring, he
is entitled to retroactive application
under James.
same as Mosley,
and sentence of
conducted a Witt
case, in
In
now in V. that Hurst not
sentences were the United
bright~line for retroactivity is
V.
sentence Jn 12 and
20 reh 'g SCI 2017 WL 431741 Feb. I, 2017),
Jan. 19, 2017).
6
184
v. 13 similarly denying relief under Hurst v. Florida on the basis that Bogie's ''first-degree
conviction
n!4
13 v. State, SCJ 14 /d. at *!6.
sentence of death were final in 1995, before the :::;ui:1ren1e Cou11 decided
it is
arguments flow from some of the more nuanced matters inherent in
2017 WL 526507
including whether a Ring-like challenge was
Amendment and Eighth Amendment
of using Ring as a bright-line for
to
not case,
l(d).
Feb. 9, 2017).
15 See 2017 WL at * 16 docs not apply to cases that were final was Gaskin, 2017 WL 224772, at *2 ("Because Gaskin's sentence became final in 1993, Gaskin is not entitled to relief under Hurst v. Florida."); 20 l 6 WL 7406506, at* 18 have now held in v. that Hurst does not apply to capital whose sentences were final before the United States Court issued its opinion in 16 Hill v. State, 302 2d 787 (Fla. 2d DCA 1974) ("[W]hcther we agree with the decision of the Supreme Court, ... we must follow it. quote our erstwhile brother, Judge Mann, ... we receive the interpretation of the law 'from our with some, with some, following all .... "'); see also State v.
332 So.
7
185
ORDERED AND ADJUDGED that "Defendant's Successive Rule 3.851 Motion For
Post··Conviction Relief In Light of Hurst v. Florida and Hurst v. State" is DENIED. Defendant
has the to appeal within thirty (30) days rendition of this order.
DONE AND ORDERED in Chambers in Sarasota County, Florida, on
March 7.
cuit Judge
8
186
I certify that on this day of March 2017 copies of the foregoing Order were hand 11 "' 11 u1>,·u and/or electronic mail to:
9
187
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
v.
CASE NOS.: 1988 CF 3198 NC/ 1988 CF 3199 NC 1988 CF 3200 NC 1988 CF 3438 NC
EMANUEL JOHNSON,
Defendant.
ORDER RE-ASSIGNING CASE AND SETTING CASE MANAGEMENT CONFERENCE
The Court having reviewed this case and finding that this case was assigned to the Honorable
Andrew D. Owens, Jr., and further that the Honorable Andrew D, Owens, Jr. retired effective March 21,
2017, it is ORDERED AND ADJUDGED that:
This case is reassigned to the Honorable Hunter W. Carroll. As required by Fla. R. Crim. P.
3.851(t)(S)(B), a Case Management Conference shall be heard before the Honorable Hunter W. Carroll,
Circuit Judge, on Monday, April 10, 2017 at 3:00 p.m. in the Manatee County Judicial Center,
Courtroom 6A, 1051 Manatee Ave. West, Bradenton, FL 34206, during which the Court will hear
argument on purely legal claims and determine the need for an evidentiary hearing. Twenty (20) minutes
have been reserved for the Case Management Conference. Counsel may appear telephonically by calling
the conference number listed below and following the narrated instructions:
Toll Free Dial in Number: 888-670-3525
Participant Passcode: 3785472431
It is FURTHER ORDERED AND ADJUDGED that all future hearings shall be coordinated
according to Judge Carroll's Requirements loc on the 12th Circuit website at
www.judl2.flcourts.org.
DONE AND ORDERED at Sarasota, Fl 1da, .
Filed 04/06/2017 11:03 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
188
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing order was furnished by mail, e-mail, or hand delivery to: Mark Gruber, Assistant CCRC-Middle, [email protected], [email protected]; Julie Morley, Assistant CCRC-Middle, [email protected]; Emanuel Johnson, DC #338043, Union Correctional Institution, 7819 N. W. 228th St., Raiford, Florida 32026-4000; Office of the State Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Blvd., Sarasota, FL 34237, and Timothy A. Freeland, Assistant Attorney General, [email protected], [email protected], on this ~ day of April 2017.
By:CP~ Judicial Assis
Filed 04/06/2017 11:03 AM - Karen E. Rushing, Clerk of the CircuitCourt, Sarasota County, FL
189
IN THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA Plaintiff,
Case Nos. 1988-CF-3198-NC/ 1988-CF-3199-NC 1988-CF-3200-NC 1988-CF-3438-NC
v.
EMANUEL JOHNSON, Defendant.
ORDER DENYING DEFENDANT'S SUCCESSIVE MOTIONS FOR POSTCONVICTION RELIEF
This matter is before the Court on Defendant's "Successive Motion to
Vacate Judgments of Conviction and Sentence (Hurst v. Florida)," filed in each of
the above-captioned cases on January 6, 2017, pursuant to Fla. R. Crim. P. 3.851.
After the Court granted an extension of time, the State timely filed its answer to the
motions on March 10, 2017. The Court conducted a case management conference
on April 10, 2017. The parties did not request an evidentiary hearing, and upon
consideration, the Court finds that an evidentiary hearing is not necessary to
resolve Defendant's claims. The Court has reviewed the motions, the court file,
and applicable law, and is otherwise duly advised in the premises.
Case History for Victim Iris White
On November 4, 1988, Defendant was indicted for the first degree murder of
Iris White in Case No. 1988-CF-3199. The Florida Supreme Court summarized
the facts of the case:
Filed 07/03/201712:32 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
190
On October 4, 1988, police found the body of 73-year-old Iris White. She was naked from the waist down and had suffered twentyfour stab wounds, one incised wound, and blunt trauma to the back of the head. A variety of fatal wounds penetrated the lungs and heart. The body also showed evidence of defensive wounds and abrasions near the vagina and anus most likely caused by a forceful opening by hand or fingernails.
Police found a screen in the living room had been cut and the lower window raised. The fingerprints of Emanuel Johnson were recovered from the window sill. Police also found two pubic hairs that showed the same microscopic characteristics as Johnson's, though an expert stated that an exact identification was not possible. Johnson had done yard work for White some years earlier.
After a lengthy interrogation on October 12, 1988, Johnson gave a taped confession to police. He stated that he knocked on White's door to talk about lawn maintenance. When she opened the door, he then grabbed her, choked her to unconsciousness, and then stabbed her several times. Johnson said he then left the house, locking the door behind himself, but forgot to take White's wallet. Twenty minutes later, he cut open the window screen, climbed in, took the wallet, and left. Johnson said he later threw the wallet in an area where a road surveyor later found it.
Johnson v. State, 660 So. 2d 637 (Fla. 1995). A jury found Defendant guilty of
first degree murder and recommended death by a vote of 10-to-2. Id. at 641. The
Court found 3 aggravating factors and 15 mitigating factors. Id. Finding that each
aggravating factor alone outweighed all mitigating factors, the Court sentenced
Defendant to death. Id. On direct appeal, the Florida Supreme Court affirmed
Defendant's judgment and sentence. Id. at 648. Defendant's subsequent petition
for writ of certiorari was denied by the United States Supreme Court on April 22,
1996. Johnson v. Florida, 517 U.S. 1159 (1996).
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191
Defendant filed his initial postconviction motion in March of 1997. Johnson
v. State, 104 So. 3d 1010, 1015 (Fla. 2012). In an amended motion filed
September 15, 2003, Defendant argued that Florida's death sentencing statute was
unconstitutional under Ring v. Arizona, 536 U.S. 584 (2002). 104 So. 3d at 1028.
Following an evidentiary hearing, the Court denied the motions. Id. at 1016-17.
The Florida Supreme Court affirmed the ruling. Id. at 1032.
Defendant filed a successive postconviction motion on December 9, 2015,
based on newly discovered evidence regarding forensic microscopic hair
comparison analysis used during his trial. Johnson v. State, SC16-959, 2016 WL
7176765 (Fla. Dec. 9, 2016). The Court summarily denied the motion, and the
ruling was affirmed on appeal. Id.
Case History for Victim Jackie McCahon
On November 4, 1988, Defendant was indicted for the first degree murder of
Jackie McCahon in Case No. 1988-CF-3200. The Florida Supreme Court
summarized the facts of the case:
On September 22, 1988, Sarasota police found Jackie McCahon's body on a sidewalk in front of her residence. She had been stabbed nineteen times, and twelve of the wounds were fatal. A broken-off piece of a knife blade was found in her body. Blood spatter evidence suggested that McCahon had been attacked as she opened the door, or while inside a bathroom. Police at first suspected several men, but later turned their attention to a tenant of McCahon's named Emanuel Johnson. When first questioned, Johnson said he had heard police cars arrive and had gone out to see what was happening,
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192
but that he did not know McCahon was the victim until someone told him so the next day.
After a lengthy police interrogation, however, Johnson confessed. He said he had gone to McCahon's residence to say he needed to use her phone because his wife was about to give birth. McCahon knew that Johnson's wife was pregnant. When McCahon let Johnson in the door, he grabbed her and choked her to semiconsciousness. Then he found a knife, stabbed her several times, cut the phone cord, then took twenty dollars he found. Later, Johnson stated that he then went across the street to his apartment, but saw McCahon stagger out of her residence on to the sidewalk. At this point Johnson said he took a knife from his apartment, went out, and stabbed McCahon repeatedly. Police later found a broken knife handle where Johnson said he had thrown the second knife. It matched the broken blade found in the body.
Johnson v. State, 660 So. 2d 648,652 (Fla. 1995). A jury found Defendant guilty
of first degree murder and armed robbery and recommended death by a vote of 1 O
to-2. Id. The Court found 3 aggravating factors and 15 mitigating factors. Id.
Finding that each aggravating factor outweighed all mitigating factors, the Court
sentenced Defendant to death. Id. On direct appeal, the Florida Supreme Court
affirmed Defendant's judgment and sentence. Id. at 664. Defendant's subsequent
petition for writ of certiorari was denied by the United States Supreme Court on
April 22, 1996. Johnson v. Florida, 517 U.S. 1159 (1996).
Defendant filed his initial Rule 3.851 postconviction motion in March of
1997. Johnson v. State, 104 So. 3d 1032, 1034 (Fla. 2012). In an amended motion
filed March 4, 2002, Defendant raised a Ring-like challenge to Florida's death
sentencing statute. Following an evidentiary hearing, the Court denied the
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193
motions. Id. at 1039-41. The Florida Supreme Court affirmed the ruling. Id. at
1043.
The Present Motions
In the present motions, Defendant requests that the Court vacate his death
sentences because he is entitled to relief under Hurst v. Florida, 136 S. Ct. 616
(2016), and its Florida progeny. Motions under Rule 3.851 generally must be filed
within one year of the date the judgment and sentence become final. Fla. R. Crim.
P. 3.851(d). Defendant's death sentence in each of these cases became final when
the U.S. Supreme Court denied his certiorari petitions on April 22, 1996.
Defendant argues that the present motions are nonetheless timely under Rule
3.851(d)(2)(B), which provides an exception where a motion asserts a fundamental
constitutional right not established within the one-year window that has been held
to apply retroactively. Specifically, Defendant argues that the present motions
were timely filed within one year of: (1) issuance of Hurst v. Florida; (2)
enactment of Chapter 2016-13, Laws of Florida; (3) issuance of Perry v. State, 210
So. 3d 630 (Fla. 2016); and (4) issuance of Hurst v. State, 202 So. 3d 40 (Fla.
2016). The timeliness of Defendant's motions turns on whether the fundamental
constitutional rights espoused in these decisions have been held to apply
retroactively to Defendant.
Page 5 of9
-
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194
Defendant argues that the Florida Supreme Court's decision in Mosley v.
State, 209 So. 3d 1248 (Fla. 2016), requires retroactive application of Hurst v.
Florida to two classes of defendants: (1) those whose sentences became final after
the U.S. Supreme Court issued its opinion in Ring v. Arizona, 536 U.S. 584
(2002); and (2) those who specifically raised and preserved a claim of Ring-like
error at trial. Indeed, Mosley addressed retroactive application of Hurst v. Florida
and Hurst v. State under two approaches. First, the court held that Mosley was
entitled to retroactive application under the fundamental fairness analysis
established in James v. State, 615 So. 2d 668 (Fla. 1993), because he "raised a
Ring claim at his first opportunity and was then rejected at every tum." 209 So. 3d
at 1275. Second, the court separately found that Mosley was entitled to retroactive
application based upon a Witt v. State, 387 So. 2d 922 (Fla. 1980), analysis. 209
So. 3d at 1283.
Defendant argues that because he raised a Ring-like claim in his original
postconviction motions, he is entitled to retroactive relief pursuant to the
fundamental fairness as contemplated in James. However, the fundamental
fairness analysis in Mosley begins by noting that Mosley's crimes occurred after
Ring and his Ring claims were denied at trial and on direct appeal. Id. at 1274.
Defendant's crimes occurred long before Ring, his death sentences became final
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195
approximately 6 years before Ring, and he did not raise a Ring-like claim at trial or
on direct appeal.
Moreover, on the same day the Florida Supreme Court decided Mosley, it
also decided Asay v. State, 210 So. 3d 1 (Fla. 2016), which addressed retroactive
relief under Hurst v. Florida where, as here, the defendant's death sentence became
final before Ring. The court conducted a Witt analysis and concluded that "Hurst
should not be applied retroactively to Asay's case, in which the death sentence
became final before the issuance of Ring." 210 So. 3d at 22. In fact, Mosley
clarified the nature of Asay's holding: "we have now held in Asay v. State, that
Hurst does not apply retroactively to capital defendants whose sentences were final
before the United States Supreme Court issued its opinion in Ring." 209 So. 3d at
1274. Subsequent decisions from the Florida Supreme Court have further
solidified this use of Ring as a bright-line cutoff for retroactive relief under Hurst
v. Florida and its Florida progeny. See, e.g .. Gaskin v. State, 42 Fla. L. Weekly
S16 (Fla. Jan. 19, 2017) ("Because Gaskin's sentence became final in 1993,
Gaskin is not entitled to relief under Hurst v. Florida."); Bogle v. State, 42 Fla. L.
Weekly S166 (Fla. Feb. 9, 2017) ("Bogle is not, however, entitled to Hurst relief
because Hurst does not apply retroactively to cases that were final before Ring was
decided."); Archer v. Jones, SC16-2111, 2017 WL 1034409 (Fla. Mar. 17, 2017)
("We hereby deny Archer's petition pursuant to our holding in Asay[] that Hurst v.
Page 7 of9
Filed 07/03/201712:32 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
196
Florida and Hurst v. State do not apply retroactively to capital defendants whose
death sentences were final when Ring[] was decided.").
While Defendant's analysis of Florida's post-Hurst retroactivity opinions is
well taken, he does not cite to-and the Court is not aware of-any decision
affording the retroactive relief now sought to a defendant whose death sentence
became final before Ring. To the contrary, the recent decisions cited above
uniformly denied retroactive Hurst relief solely on the basis of pre-Ring finality.
Because the fundamental constitutional rights underlying Defendant's motions
have not been held to apply retroactively to him, the present motions are untimely
under Rule 3 .851 ( d). In light of this determination, the Court need not reach the
matter of whether any Hurst error in these cases was harmless.
IT IS THEREFORE ORDERED AND ADJUDGED that Defendant's
successive motions for postconviction relief are DENIED. Defendant shall have
thirty (30) days from rendition of this order to file an appeal.
DONE AND ORDERED in Manatee County, Florida, on 6/2S'2017. A/vile.- f'0 t'J0<:., /.... '{/'J."{ / J.<>1-:,. M t>"'<'7, ... ..).... bt. ,ec,.-(.._ lo~ 1-
i.,.h-,., o-,J.,-s f- Ck,-~\ *'~,,.-M. ~ arr~ Circuit Jud
Page 8 of9
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197
CERTIFICATE OF SERVICE
I hereby certify that on this '2 9. day of June 2017, a copy of the foregoing order was furnished to: Timothy A. Freeland, Assistant Attorney General, [email protected], 3507 E. Frontage Rd., Suite 200, Tampa, FL 33607-7013; Mark S. Gruber and Julie A. Morley, Assistant CCRC, [email protected], [email protected], 12973 N. Telecom Parkway, Temple Terrace, FL 33637-0907; and Karen Fraivillig, Assistant State Attorney, [email protected], 2071 Ringling Blvd., Sarasota, FL 34237.
·::ulS~---:- y\'-~'t"~-~
Judicial Assistant
Page 9 of9
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198
Filing# 59519393 E-Filed 07/26/2017 10: 15:55 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff, v.
EMANUEL JOHNSON,
Defendant. /
Case No. 88-3198-F Case No. 88-3199-CF-A-Nl
Capital Post-conviction Case (Victim Iris White)
NOTICE OF APPEAL
The Defendant, EMANUEL JOHNSON, by counsel, takes this appeal to the Florida Supreme
Court of the circuit court's Order denying Defendant's Successive Motion to Vacate Judgments of
Conviction and Sentence, rendered June 29, 2017. The nature of the order appealed from is a final
order denying the Defendant's Successive Motion to Vacate Judgments of Conviction and Sentence
(Hurst v. Florida), originally filed on January 9, 2017.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy, in PDF format, of the foregoing Notice of Appeal has
been transmitted to this Court through the Florida Courts E-filing Portal, which will serve a Notice
ofElectronic Filing to: the Honorable Hunter W. Carroll; Circuit Judge; Judge Lynn N. Silvertooth
Timothy A. Freeland, Assistant Attorney General, Office of the Attorney General, at
Office of the State
Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Boulevard, Sarasota,
defendant, Emanuel Johnson, DOC #338043, Union Correctional Institution, P.O. Box 1000,
Filed 07/26/201710:46 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
199
Raiford, Florida 32083 by U.S. Mail, prepaid first class postage, on this 26th day of July, 2017.
/s/ Mark S. Gruber
2
MARK GRUBER Assistant CCRC-M Florida Bar No. 0330541 WLIEMORLEY Florida Bar No. 85158 Assistant CCRC-M Capital Collateral Regional Counsel
- Middle Region (813) 558-1600
Attorneys for Defendant
200
Filing# 59519393 E-Filed 07/26/2017 10: 15:55 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA, Case No. 88-3198-F
Plaintiff, v.
EMANUEL JOHNSON,
Defendant. /
Case No. 88-3199-CF-A-Nl
Capital Post-conviction Case (Victim Iris White)
DIRECTIONS TO THE CLERK
Defendant, EMANUEL JOHNSON, by counsel, directs the Clerk to include all items filed
in this successive postconviction proceeding in the record on appeal, as specified in Florida Rule of
Appellate Procedure 9 .200( a )(1) to include all pleadings, original documents, orders, and transcripts
of proceedings, dated from January 9, 2016 to present. Any exhibits which are capable of being
copied shall be copied and included in the record.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy, in PDF format, of the foregoing Notice of Appeal has
been transmitted to this Court through the Florida Courts E-filing Portal, which will serve a Notice
ofElectronic Filing to: the Honorable Hunter W. Carroll; Circuit Judge; Judge Lynn N. Silvertooth
Timothy A. Freeland, Assistant Attorney General, Office of the Attorney General, at
Office of the State
Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Boulevard, Sarasota,
defendant, Emanuel Johnson, DOC #338043, Union Correctional Institution, P.O. Box 1000,
Filed 07/26/201710:46 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
201
Raiford, Florida 32083 by U.S. Mail, prepaid first class postage, on this 26th day of July, 2017.
/s/ Mark S. Gruber
2
MARK GRUBER Assistant CCRC-M Florida Bar No. 0330541 WLIEMORLEY Florida Bar No. 85158 Assistant CCRC-M Capital Collateral Regional Counsel
- Middle Region (813) 558-1600
Attorneys for Defendant
202
Filing# 59519393 E-Filed 07/26/2017 10: 15:55 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA, Case No. 88-3198-F and 88-3199-CF-A-Nl (Capital Case - Victim Iris White)
Plaintiff, v. Case No. 88-3200-F and 88-3438-CF-A-Nl
(Capita] Case - Victim Jackie McCahon) EMANUEL JOHNSON,
DESIGNATIONS TO THE COURT REPORTER
Defendant, EMANUEL JOHNSON, by counsel, files this designation to the Official
Court Reporter and directs:
Richard Scire Official Court Reporters for the 12th Judicial Circuit
2002 Ringling Blvd. Sarasota, FL 34237
(941) 861-7850
to transcribe the following hearing held in the above styled cause: Case Management Conference,
April 10, 2017 at 3:00 p.m., conducted before the Honorable Hunter W. Carroll, Circuit Judge, and
to furnish same along with electronic transcripts in Microsoft Word on CD-rom, to the Clerk of
Court for inclusion in the record on appeal.
Original only, no copies requested.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy, in PDF format, of the foregoing Notice of Appeal has
been transmitted to this Court through the Florida Courts E-filing Portal, which will serve a Notice
ofElectronic Filing to: the Honorable Hunter W. Carroll; Circuit Judge; Judge Lynn N. Silvertooth
Timothy A. Freeland, Assistant Attorney General, Office of the Attorney General, at
Filed 07/26/201710:46 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
203
Office of the State
Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Boulevard, Sarasota,
Court Reporter Richard Scire, Official Court Reporters for the Ith Judicial Circuit, 2002 Ringling
Boulevard, Sarasota, Florida 34237, and to the defendant, Emanuel Johnson, DOC #338043, Union
Correctional Institution, P.O. Box 1000, Raiford, Florida 32083 by U.S. Mail, prepaid first class
postage, on this 26th day of July, 2017.
2
/s/ Mark S. Gruber MARK GRUBER Assistant CCRC-M Florida Bar No. 0330541 WLIEMORLEY Florida Bar No. 85158 Assistant CCRC-M Capital Collateral Regional Counsel
- Middle Region (813) 558-1600
Attorneys for Defendant
204
Filing# 59712855 E-Filed 07/31/2017 11 :54:52 AM
JOHN A. TOMASINO CLERK
MARK CLAYTON CHIEF DEPUTY CLERK
KRISTINA SAMUELS STAFF ATTORNEY
i,uprtmt (ourt of jfloriba Office of the Clerk
500 South Duval Street Tallahassee, Florida 32399-1927
ACKNOWLEDGMENT OF NEW CASE
July 31, 2017
PHONE NUMBER: (850) 488-0125 www.floridasupremecourt.org
RE: EMANUEL JOHNSON vs. STA TE OF FLORIDA
CASE NUMBER: SC 17-1401 Lower Tribunal Case Number(s): 581988CF003198XXXANC; 581988CF003199XXXANC Lower Tribunal Filing Date: 7/26/2017
The Florida Supreme Court has received the following documents reflecting a filing date of?/28/2017.
Notice of Appeal
The Florida Supreme Court's case number must be utilized on all pleadings and correspondence filed in this cause.
jat cc: JULIE A. MORLEY MARK S. GRUBER TIMOIBY ARTHUR FREELAND HON. KAREN E. RUSHING, CLERK KAREN FRAIVILLIG
Filed 07/31/201712:39 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
205
Filing# 60649139 E-Filed 08/21/2017 09:45:38 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, STATE OF FLORIDA
STATE OF FLORI
Plaintiff,
vs
EMANUEL JOHNSON,
Defendant.
Case Numbers: 1988-CF-3198 1988-CF-3199 1988-CF-3200 1988-CF-3438
Transcript of stenographically-reported
held before the Honorable Hunter Carroll,
Circuit Judge, at the Manatee County Judicial Center, on
April 10, 2017.
TIM Office of the
On behalf of the
via Collateral Counsel
On behalf of the Defendant
OFFICIAL COURT REPORTERS Twelfth Judicial Circuit
1
Filed 08/21/2017 09:55 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
206
1
2
3
4
5
P R O C E E D I N G S
(THE JUDGE PLACED THE PHONE CALL.)
MR. GRUBER: Hello?
THE COURT: Hello, this is Carroll.
MR. GRUBER: Good afternoon, your Honor, this is
6 Mark Gruber of CCRC.
7
8
9
10 phone?
THE COURT: How are you , Mr. Gruber?
MR. GRUBER: Very fine, thank you.
THE COURT: Do we have anyone from the State on the
2
11 MR. FREELAND: Yes, your Honor, this is Tim Freeland
12 with the Office of the Attorney General.
13 THE COURT: Fantastic. Now, are we anyone
14 else, or are we to proceed?
MR. FREELAND: I believe we're to 15
16
17 THE COURT: Were we waiting on Ms. Fraivillig or
18 anyone from the State 's Office? Did either -- we'll
19 start with you, Mr. Freeland, did you know whether or not
20 anyone from the State Attorney's Office would be joining us or
21 not?
22 MR. FREELAND: Hones I don't, Judge. I know that
23 we've had communication with them, and we told them that we
2 4 would be more than
25 that's what we're
to cover for them. As far as I know
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
207
1 THE COURT: Okay. And Mr. Gruber, have you heard
2 anything from the State Attorney's Office?
3
4
5
MR. GRUBER: I have not.
THE COURT: Okay, well, why don't we go ahead and
Obvious Mr. Johnson is not with us. do have
6 since I've received this I guess last week, or
7 maybe the before, I've started to review both sets of
8 cases.
9 And looks like our case numbers are 1988-CF-3198,
10 1988-CF-3199, 1988-CF-3200, 1988-CF-3438. All of those are
11 out of Sarasota county. And I do have a court reporter
12 present.
3
13 So I have -- like I said, I've been to up
14 to on the files. I did note that we have Mr. Johnson's
15 Hurst motion that's been fi and I see the State's
16 response. And so, ~~~-rn~u, was there any view as to whether
17 you were seeking an evidentiary hearing, or can we just go on
18 the papers on this one?
19 MR. GRUBER: This is Mark Gruber. We're not seeking
20 an evidentiary hearing.
21 MR. FREELAND: And this is Tim Freeland, your Honor.
22 As I understand it, we're not an evidentiary
23 so I think we can proceed to argument.
24 THE COURT: Yeah, I didn't ant
25 would, but just wanted to ask. And so
either of you
have reviewed the
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
208
1 papers that have been submitted, and I have them up on my
computer electronically right now, so
you wish to lead us off.
and Mr. Gruber, if
4
2
3
4
5
MR. GRUBER: Thank you, your Honor. I'll to cut
to the chase here. To a bit of context,
6 we actually to work on it in December. But in the
7 of of this year, after Mos v. State was
8 decided on December 22nd, I believe in virtually all of these
9 capital post-conviction cases throughout the state that either
10 the CCRC attorneys or registry capital post-conviction
11 attorneys have been filing either stand-alone Hurst motions
12 like we have here, or if there have been other proceedings
13
14
15
16
17
18
19
20
21
22
ongoing, most of us, virtual all of us have been fil
either supplemental brie or whatever might be appropriate
to the Hurst issue to the Court's attention.
Given that there have been cases out
of the Florida Supreme Court regarding these cases essentially
every week, that
conducting rather a
do an release. And we are now
of these case management
conferences, and orders have been coming in from the Circuit
Courts as well. So with that background in mind, these are
two cases, both rest on non-unanimous advisory
23 verdicts, but both became final in 1995, well before v.
24 Arizona was decided in 2002. And I'm s by
25 every that into our motions here, and 'm not
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
209
1 conceding or abandoning anything at all, you know, I would be
2 disingenuous if I didn't concede that so far every pre-Ring
3 case that has been decided, whether at the Florida Supreme
4 Court level or at the Circuit Court level, has denied relief
5 on the basis of
5
6 So I said that because the recommendations here were
7 less than unanimous. It's also my view that if Hurst were to
8 apply retroactively to these cases that the State would be
9 unable to prove harmless error, and therefore there would be a
10 new penalty phase, but that's not the case here.
11
12
13
14
15
16
And that's sort of it in a nutshell for me. I can
go in some further detail. There are additional arguments
that we raised in our motions Amendment
theories of relief, and a -- what I'll call a forward-looking
to the way the Court should conduct an is, if
it reaches the harmless error question. But if the Court
17 rules consistently with every ruling that I've seen come out
18 so far, those issues would be moot.
19 I will say, one of my arguments here, and the State
20 has responded to it, is that Mosley v. State in my view
21 presented two paths to retroactive application. One of those
22 was the traditional Witt is, and it's based on that
23
24
is the Florida Supreme Court came down on the side of a
al retroactive ication,
25 became final before or after
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
on whether the case
210
1
2
6
The other path to retroactive application identified
in Mosley is based on James v. State, and is based on
3 principles of fundamental fairness. That path as it's
4 articulated in Mos
5 cases; it does not on the 2002 cut-off. And that is
6 the one that I am
7 in our motion. The State has disputed it of course, and
8 Okay, I think I said it in a nutshell what our
9 position is now.
10 THE COURT: Okay, I appreciate that.
11 Mr. Freeland, anything other than what's in your
12 papers?
13 MR. FREELAND: No, your Honor. I think Mr. Gruber
14 has summarized the state of the law. This case was
15 final before came out, and every case that I've seen
16 've been relief. And think that's the correct
17 result in this case as well.
18 THE COURT: So else either side would like
19 to say on the Hurst motion?
20 MR. GRUBER: No, your Honor.
21 MR. FREELAND: No, your Honor, not from the State
22 either.
23 THE COURT: Now, in my review of the file, correct
24 me if I'm wrong, but
25 Circuit Court level;
there are no
is that correct?
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
3.851s at the
211
7
1 MR. GRUBER: Mark Gruber again. That's true. We
2 did have a fairly recent post-conviction motion predicated on
3 an FBI report. That one has been I believe it's now
4 on
Am about that? 5
6 MR. FREELAND: it is on
7 this is Tim your Honor -- I actual
Actually -
believe the
8 Florida Supreme Court has already ruled on that, but that's
9 as far as the Circuit Court is concerned, there's no pending
10 3.851s that I'm aware of.
THE COURT: Okay. 11
12 MR. GRUBER: Well, there is one more thing, since
13 this came up in another case. These cases are in federal
14 court on federal habeas proceedings. Those have been
15
16
the resolution of the Hurst issue.
THE COURT: And the cert ition is
17 United States Supreme Court?
at the
18
19
MR. GRUBER: I don't know. I don't think so.
MR. FREELAND: I would agree. I'm not aware that
20 there is this is Tim Freeland, your Honor I'm not aware
21 that there is a cert petition pending in the U.S. Supreme
22 Court. I think that the case has been through the Florida
23
24
25
Court, and there is a pending habeas
federal court, which is s
THE COURT: But you said it was s
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
ition in
212
8
1 resolution of something, is it this motion by me? Or is it
2
3
4
5
something that's pending out of the U.S. Supreme Court?
MR. GRUBER: No, it's pending this motion.
THE COURT: Okay. And I'm loo through the file
this it does appear that on December 9th, 2016,
6 the Florida Court issued a order the Circuit
7 Court's denial of post-conviction relief with to the
8 2014 letter from the Department of Justice that attached the
9 2013 FBI report.
MR. GRUBER: Okay. 10
11 THE COURT: I've only pulled that in one of the
12 cases, but I'd have to go check the other cases.
13 Was there else that you need from me other
14 than an order out in this particular set of cases?
15 MR. GRUBER: I believe that's it.
16 THE COURT: Mr. from you?
17 MR. FREELAND: No, your Honor, just a ruling on
18 these -- I think that's all that's , that's all that's
19 before the Court.
20 THE COURT: Well, I'll go ahead and get an order out
21 when we get it finished, and look forward to working with you
22
23
24
25
MR. GRUBER: Thank you, your Honor.
MR. FREELAND: Thank you, your Honor.
THE COURT: Have a good now.
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
213
1
2
3
4
5
6
7
(THE PHONE CALLS WERE TERMINATED.)
THE COURT: We'll be in recess.
(THE PROCEEDINGS WERE ADJOURNED.)
E R T I F I N
8 I, SARAH MARTIN, RMR, CRR, Official Court Reporter in
9 and for the Twelfth Judicial Circuit of the State of Florida,
10 do hereby certi that I reported, by shorthand machine, the
11 proceedings had and testimony taken in the above-entitled
12 cause, and that on April 11, 2017, the foregoing Pages 1-9
13 were
14 taken at
15
16
17
18
19
20
21
22
23
24
25
and
the time and
transcribed from my shorthand notes
herein set forth.
OFFICIAL COURT REPORTERS
Twelfth Judicial Circuit
9
214
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA, Plaintiff,
v.
Case No.~8-CF-003199-NC 1988-CF-003198-N C
EMANUEL JOHNSON, Defendant.
ORDER SETTING HEARING
PLEASE TAKE NOTICE that a hearing in the above-styled cause has been scheduled \
at the Sarasota County Judicial Center, 2002 Ringling Blvd., Courtroom 6A, Sarasota, Florida
as follows:
DATE:
TIME: )
JUDGE:
SUBJECT:
JULY 6, 2016
10:00A.M.
ANDREW D. OWENS, JR.
STATUS CONFERENCE
PLEASE GOVERN YOURSELVES ACCORDINGLY.
DATED this Jfi!:_ day of June, 2 16.
I certify _that a copy of the foregoing order was furnished by mail, e-mail, or hand delivery to: Mark Gruber, Assistant CCRC-Middle, [email protected], [email protected]; Julie Morley, Assistant CCRC-Middle, [email protected]; Emanuel Johnson, DC #338043, Union Correctional Institution, 7819 N.W. 228th St., Raiford, Florida 32026-4000; Office of the State Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Blvd., Sarasota, FL 34237, and Timothy A. Freeland, Assistant Attorney General, [email protected], [email protected], on this JO ~day of June, 2016.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Sarasota County Jury Office, P.O. :3ox 3079, Bradenton, Florida 34230, (941)861-7425, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Filed 06/13/2016 12:06 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
215
~ IN THE COUNTY/CIR£!!1, COURT ;N AND FOR SARASOTA COUNTY, FLORIDA I ~COURT APPEARANCE RECORD I D JUDGMENT AND SENTENCE
STATE OF FLORIDA CASE#: 1988 CF 003199 NC OBTS #:
vs JOHNSON.EMANUEL
-OWENS, ANDREW D I h,,.1_ TYPE Oi~i~bl!io am
~--.u, JUDGE: r ,.._. • DATE:
APPEARANCE: 0 PRESENT 0PRESENTWITHATIORNEyV §fNOTPRESEN J - ,.,_ - ... 0FAILEDTOAPPEAR
COURT ORDERED: 0 BW O CAPIAS O BOND SET l__ Ll 1'1v MOD D BOND FORFEITED O SUMMONS O D-6
COURT APPOINTED: 0 P.D. 0 SPECIAL P.D. 0 INTERPRETER O DEFENDANT WAIVED RIGHT TO COUNSEL O JURY SWORN
CHARGES OF: I BOND TYPE PLEA ADJUDICATION CT SQ G NG NOLO AB G NG W/H N.P. D 1 , IJ.t:.U411 "l J mLruL-"" 1 ·-···--· "" D~ DD D .:
- -D - -o_ DD D - - - [ ]
--- r- ('I. x"'J o_ o= DD D - - -D . • j -\ . l ..,.. -~ - . ...
-- 6 v_ D _n n D DOD D - ... ' SENTENCE STATE ATIORNEY: v,..... ""~A .. . -· u . .;' DEFENSE ATIORNEY: r_,,_ IT .# yui-....- Vtl... ~
CT SQ FINE C.J. DOC YEARS MONTHS DAYS C.T.S. SUSP.JAIL D CONC'/JJ' I DcoNSECTO DcoT~Mw/ 1 1 L__J LJ LJ L_J L__J L_J L_J L__J [ j [ j
L__J LJ LJ L_J L__J L_J L_J L__J I [ j [ j L__J LJ LJ L_J L__J L_J L_J L__J I [ j [ l r 1 r 1 r 1 r 1 r 1 r 1 r 1 r 1 I r 1 r l
D COURT COSTS AS SHOWN ON cosT SHEET D PAYMENT PLAN D JUDGMENT DDuE OVER PROBATION D w1ED D CONSOLIDATE WITH D OFFENDER WORK PROGRAM
PROBATION/ COMMUNITY CONTROL \..-J;; t.....l -....-JU ~ .. ,,
. .r - . CT SQ co DOC YEARS MONTHS DAYS CONCURRENT/W CONSECUTIVE TO ~ESTITUTION 1 1 LJ LJ LJ L___l L_J -
D D LJ LJ LJ L___l L_J = D D = LJ LJ LJ L___l L_J = D D LJ LJ LJ L___l L_J D D -
0 EARLY TERMINATION [ ] NO EARLY TERMINATION [ REVOKE ] TERMINATE O ALL ORIGINAL CONDITIONS REMAIN
COURT COMMENTS: y~f-;. ~- n .. - 1l '1"":"" l ~ ~ - - - . (' ~
tJ._-H-- .... V J-' *
(}
~ ;
CASE PLACED ON: D NON-FILED STATUS I MOTION(S) MHEARD O CANCELLED O UNDER ADVISEMENT
SPECIAL CONDITIONS: BEGIN TERMS W/N £, COMPLETE TERMS W/N
0 AITEND & COMPLETE DUI SCHOOL O ADVANCED DUI SCHOOL O DNA TESTING O RANDOM URINALYSIS O NO CONSUMPTION OF DRUGS OR ALCOHOL 0 AITEND & COMPLETE VICTIM IMPACT PANEL 0 NO CONTACT O NO HARMFUL CONTACT- WITH VICTIM 0 B.P.O. LICENSE-MAY APPLY O DRIVER'S LICENSE REC. BY CLERK 0 FINGERPRINTS TAKEN IN COURT AT SENTENCE 0 IMPOUND VEHICLE O 10 0 30 0 90 DAYS D AITEND & COMPLETE TRAFFIC SCHOOL D LONG D SHORT D PUBLIC SERVICE HOURS 0 DRIVER'S LICENSE SUSP / REV 0 IGNITION INTERLOCK DEVICE D DEFER TOD PTI D TPTI D CBIP D DVIP 0 LIFE MANAGEMENT PROGRAM 0 NO RETURN TO PROPERTY D DRUG D ALCOHOL D MENTAL HEALTH EVALUATION 0 SUCCESSFULLY COMPLETE TREATMENT AS ORDERED ON FIRST AITEMPT
DONE AND ORDERED IN OPEN COURT SARASOTA COUNTY, FLORIDA
THIS DAY OF -20 JUDGE
NEXT COURT APPEARANCE LJ SARASOTA LJ VENICE LJ STATE'S CONTINUANCE LJ DEFENSE CONTINUANCE LJ COURT CONTINUANCE
0ARRG AT __ /M 0PTC AT __ /M De.LP. AT __ /M
DvoP AT __ /M DcM Dos AT __ /M D PLEA ON AT /M D HEARING/ D.U.I. AT __ /M 0NJT0JT AT __ /M DH.C.C. AT /M
........ ,., .. CERTIFICATE OF SERVICE - ~
I HEREBY CERTIFY THAT THE FOREG~ HAS BEEN D ~DELIVERE / . ILED TO THE DEFENDANT THIS DAY OF __J , 20 . CLERK OF TH IT RAS AC UNTY, FLORIDA BY: _ _,....... _ _,, __ __. ____________ _
DEPUTY CLERK H:FORMS/COURT APPEARANCE RECORD.DOC 05/15
Filed 07/06/2016 01:09 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
216
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
EMANUEL JOHNSON,
Defendant.
CASE NOS.: 1988 CF 3198 NC/ 1988 CF 3199 NC
SUP. CT. Case No.: SC16-959
ORDERONSTATUSCONFERENCERE:STATUSOFRECORD
This matter is before the Court pursuant to the Order of the Supreme Court of Florida dated June
3, 2016. On July 6, 2016, at the Sarasota County Judicial Center, the Court held a status conference
regarding the status of the record on appeal. The Defendant was not present, but was represented by
Capital Collateral Regional Counsel. The State was represented by an Assistant Attorney General, and a
representative of the local State Attorney's Office. Also present were representatives from the Twelfth
Circuit Court Reporter's Office and the Sarasota County Clerk's Office.
At the status conference, a designated representative from the Court Reporter's Office confirmed
that the necessary transcript(s) have been completed and that the hard copy and disk of the record has
been filed with the Sarasota County Clerk. Additionally, a representative of the Sarasota County Clerk's
Office indicated that the record on appeal, as designated by the Defendant in his Directions to the Clerk
filed April 26, 2016, will be transmitted to the Supreme Court no later than tomorrow, July 7, 2016.
DONE AND ORDERED in Chambers in Sarasota, Sarasota County, Florida on this b"l~y of
July 2016.
Filed 07/07/2016 01:42 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
217
. "
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing order was :furnished by mail, e-mail, or hand delivery to: John A. Tomasino, Clerk of Court, Florida Supreme Court, 500 South Duval Street, Tallahassee, Florida 32399; Mark Gruber, Assistant CCRC-Middle, [email protected], su1:[email protected]; Julie Morley, Assistant CCRC-Middle, [email protected]; Emanuel Johnson, DC #338043, Union Correctional Institution, 7819 N.W. 228th St., Raiford, Florida 32026-4000; Office of the State Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Blvd., Sarasota, FL 34237, and Timothy A. Freeland, Assistant Attome~eneral, [email protected], [email protected], on this _,._' -_ day of July 2016.
By:QQ~ Judicialssistant
Filed 07/07/2016 01:42 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
218
Filing# 51649558 E-Filed 01/26/2017 08:32:38 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
v.
EMANUEL JOHNSON,
Defendant.
CASE NO. 88-3199 Death Penalty Case
UNOPPOSED MOTION FOR EXTENSION OF TIME
The State of Florida, by and through the unders
Assistant General, moves this Honorable Court for an
extension of time within which to file its response to Johnson's
Successive Motion to Vacate of Conviction and Sentence
(Hurst v. Florida), filed on 6, 2017, in the above-
cause, and as therefore would state:
1. The undersigned counsel requires additional time to
file a response to the Defendant's Successive Motion to Vacate
of Conviction and Sentence (Hurst v. Florida) pending
in this Court. In addition to his standard work, unders
counsel has received numerous successive motions
which a response from the State.
2. In l of the burden on the State based
upon recent in the law, the State that
this Honorable Court an additional five (45) to
Filed 01/26/2017 08:53 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
219
file its response to the pending motion such that the new due
date will be March 13, 2017.
3. The instant motion is made in good faith and not for
purposes of
4. Defendant's counsel, Mark S. Gruber, has been
contacted and has no objection to the instant request.
WHEREFORE, the State that this Honorable Court
enter an order setting the new due date for its response to
Defendant's Successive Motion to Vacate of Conviction
and Sentence (Hurst v. Florida) to March 13, 2017.
Respectfully submitted,
PAMELA JO BONDI ATTORNEY GENERAL
TIMOTHY A. FREELAND Assistant General Florida Bar No. 0539181 Office of the Attorney General 3507 E. Frontage Road, Suite 200
, Florida 33607-7013 ""' "" n " : ( 8 1 3 ) 2 8 7 - 7 9 1 0
Facsimile: (813) 281 5501 [email protected] E-Service:
CO-COUNSEL FOR STATE OF FLORIDA
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 26th day of 2017, I
electronical filed the foregoing with the Clerk of Court by
2
220
using the Florida Courts E-Portal Filing System which will send
a notice of electronic filing to the following: James Driscoll,
Jr., David Dixon Hendry, Mark S. Gruber and Julie A. Morley,
Assistant CCRC, Law Office of the Collateral
Counsel - Middle 12973 North Telecom
Terrace, Florida 33637-0907, [email protected],
[email protected], and [email protected]; Karen
Fraivillig, Assistant State Attorney, Office of the State
Sarasota Criminal Justice Building, 2071
Boulevard, Suite 400, Sarasota, Florida 34237 7000,
[email protected] and [email protected]; and The Honorable
Andrew D. Owens, Lynn North Silvertooth Judicial Center, 2002
Sarasota, Florida 34237.
CO-COUNSEL FOR STATE OF FLORIDA
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221
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
EMANUEL JOHNSON,
Defendant.
CASE NOS. 1988 CF 3198 NC / 1988 CF 3199 NC v
ORDER GRANTING EXTENSION OF TIME TO FILE A WRITTEN RESPONSE TO DEFENDANT'S SUCCESSIVE POSTCONVICTION MOTION
THIS MATTER is before the Court on the State's "Unopposed Motion for Extension of
Time," filed January 26, 2017. The State requests additional time to file its response to
Defendant's successive Rule 3.851 postconviction motion, filed January 6, 2017, because recent
developments in the law have resulted in a large influx of successive capital postconviction
motions requiring a prompt response. Upon consideration of the motion, and noting that
Defendant has no objection to the request, it is
ORDERED AND ADJUDGED that the State's "Unopposed Motion for Extension of
Time" is GRANTED. The State shall file its written response to Defendant's successive
postconviction motion on or before March 13, 2017.
DONE AND ORDE~D in Chambers in Sarasota, Sarasota County, Florida on this ~'/IA
day of January 2017.
I
Filed 01/31/2017 01:37 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
222
..
CERTIFICATE OF SERVICE
I hereby certify that on this ~ay of January 2017, a copy of the foregoing order was furnished to: Timothy A. Freeland, Assistant Attorney General, [email protected], 3507 E. Frontage Rd., Suite 200, Tampa, FL 33607-7013; Mark S. Gruber and Julie A. Morley, Assistant CCRC, [email protected], [email protected], 12973 N. Telecom Parkway, Temple Terrace, FL 33637-0907; and Karen Fraivillig, Assistant State Attorney, [email protected], 2071 Ringling Blvd., Sarasota,
FL 34237. ~ ca, fr By: A ~ ~
Filed 01/31/2017 01:37 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
223
Filing# 59520321 E-Filed 07/26/2017 10:24:52 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff, v.
EMANUEL JOHNSON,
Defendant. /
Case No. 88-3198-F Case No. 88-3199-CF-A-Nl
Capital Post-conviction Case (Victim Iris White)
NOTICE OF APPEAL
The Defendant, EMANUEL JOHNSON, by counsel, takes this appeal to the Florida Supreme
Court of the circuit court's Order denying Defendant's Successive Motion to Vacate Judgments of
Conviction and Sentence, rendered June 29, 2017. The nature of the order appealed from is a final
order denying the Defendant's Successive Motion to Vacate Judgments of Conviction and Sentence
(Hurst v. Florida), originally filed on January 9, 2017.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy, in PDF format, of the foregoing Notice of Appeal has
been transmitted to this Court through the Florida Courts E-filing Portal, which will serve a Notice
ofElectronic Filing to: the Honorable Hunter W. Carroll; Circuit Judge; Judge Lynn N. Silvertooth
Timothy A. Freeland, Assistant Attorney General, Office of the Attorney General, at
Office of the State
Attorney, Attn. Karen Fraivillig, Assistant State Attorney, 2071 Ringling Boulevard, Sarasota,
defendant, Emanuel Johnson, DOC #338043, Union Correctional Institution, P.O. Box 1000,
Filed 07/26/201711:05 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
224
Raiford, Florida 32083 by U.S. Mail, prepaid first class postage, on this 26th day of July, 2017.
/s/ Mark S. Gruber
2
MARK GRUBER Assistant CCRC-M Florida Bar No. 0330541 WLIEMORLEY Florida Bar No. 85158 Assistant CCRC-M Capital Collateral Regional Counsel
- Middle Region (813) 558-1600
Attorneys for Defendant
STATE OF FLORIDA
COUNTY OF SARASOTA
CERTIFICATE OF CLERK
I, KAREN E. RUSHING, Clerk of the Circuit for the County of Sarasota, State of Florida, do hereby
certify that the foregoing appeal record in the Case of\
EMANUEL JOHNSON
Appellant(s)
CASE NO: 1988 CF 003198 NC
1988 CF 003199 NC
APPEAL NO: SC17-1401
STATE OF FLORIDA
Appellee(s)
contains a true and correct recital and copy of all such documents and proceedings requested in
said cause as appears from the records and files of my office.
WITNESS MY HAND and official seal this 30th day of August, 2017
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
BY:
Georgia LaVoy, Deputy Clerk
2000 Main Street
P.O. Box 3079
Sarasota, FL 34230
Tel: 941-861-7662
E-mail: [email protected]
CLERKS NOTES
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