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2018-1373 Petition 70854 APPENDIX2DPETITION.Pdf Filing # 78061512 E-Filed 09/18/2018 02:19:10 PM SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA Anthony Bevan CASE NO: SC18-1373 Petitioner Appeal Case No: 2D 17-533 v. L.T Case No: 11 CF 19491 State of Florida Respondents PETITIONER'S EXHIBIT LIST FOR SECOND REQUEST.... DATED AS 9/17/18 O ANTHONY BEVAN, PRO SE P. O. BOX 494946 PORT CHARLOTTE, FLORIDA 33949 PHONE: (239) 93902400 C O STRICKEN EXHIBIT LIST FOR PETITIONERS SECOND REQUEST TO THE COURT OF CHARLES T. CANADY, CHIEF JUSTICE OF THE FLORIDA SUPREME COURT DATED 9/17/18 Lee County Sherriff's Office Property Receipt Forms Exhibits: A, B, ................................. _... p 3 Lee County Sheriff's Office Forensic Exam Repor3 Exhibit: C........................................... ... p 3_4 Excerpts from Judge M. Steinbeck Hearing 12/16/13 Exhibit : D......................·................... ....................Pg. 5 Notice of Filing 2/8/13: Butler Deposition/ Attorney Withdrawal & Defendants Notice of Estoppel of Deposition Exhibit E................................ p Affidavits of Larry Cowan & Patricia Cowan Exhibit F...................................._.. p Excerpts from 3/4/13 Judge Swett's Hearing Exhibit G.............................. _ _....... p Official Presidential Preference Primary, Special Election And Party Offices Ballot, Democratic Party, Citrus County, Fl. Exhibit H..........................·.....·.....................................P. 8 Orders from The Clerk of Court of the Supreme Court of Florida .......................STRICKEN STRICKEN 8/ 4 787 Il~ l - l l y y C o L, 0+I I t¾sSTRICKENC . a»at Report Author Jennifer Lindblad Case number: 11415771 Examination Information Examination Title 2012-088_Cybershot Camera Date Created 5/18/2012 4 06:56 PM Description Jennifer Undblad Examination location LCSO Forensic Center Device Information Device Name 2012-088 Cybershot Camera Date Created S/18/2012 4:09:18 PM Description Model Manufacturer Date of Manufacture 1/1/1952 12 00 00 PM Operating System Phone number Fax number Data number Video number Network provider Bluetooth name MAC address Storage capacity SIM card present Fa|se Type of SIM card SIM card number IME! Number IMSI Number lOCID Number IMEID Number STRICKEN MSN Number ESN Number PIN Number PUK Number 2012-088 Cybershot Csmera Page 5 of 7 f IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, CASE NO. 13-CF-16047 vs. ANTHONY BRIAN BEVAN, Defendant. TRANSCRIPT OF PROCEEDINGS Before the Honorable Margaret O. Steinbeck, Circuit Judge, at the hearing of the above-styled action in the Lee County Justice Center, Fort Myers, Florida on December 16, 2013. STRICKEN VON AHN ASSOCIATES, INC. Registered Professional Reporters 2271 McGregor Boulevard, Second Floor Fort Myers, Florida 33901 Phone: (239) 332-7443 FAX: 239 332-4066 Fort Myers 042Naples 042South Fort Myers 042Punta Gorda 3 1 THE COURT: This is Mr. Bevan's motion for 2 issuance of a subpoena duces tecum. Are you 3 entering an appearance on behalf of Mr. Bevan? 4 MS. DAVID: I am, ma'am. I was retained, and 5 I apologize, I didn't have time to do a written 6 notice of appearance, but everything is finalized. 7 If I could enter an oral notice of appearance to be 8 filed up with a written notice of appearance, that 9 would be wonderful. 10 THE COURT: That's fine. Speaking is? 11 MS. DAVID: Allison David. I apologize. 12 THE COURT: While Mr. Bevan has ordered a 13 court reporter, the official court record is the 14 audio recording, and so we still need to identify 15 ourselves. 16 Are you adopting the motion for issuance of a 17 subpoena duces tecum? 18 MS. DAVID: Yes, ma'am. 19 MS. BELOHLAVEK: Your Honor, may I interject 20 at this point? 21 STRICKENTHE COURT: Yes. 22 MS. BELOHLAVEK: I don't know that we need to 23 go forward with the hearing. The State has 24 considered many things, and at this point is 25 entering a nol pros on the case. Mr. Bevan is 4 sentenced to a DOC sentence in another case, and we 2 are happy for him to be on his way to the 3 Department of Corrections. 4 THE COURT: So the charges in 13-CF-16047 are 5 dismissed. and that takes care of that. Be sure 6 you -- 7 MS. DAVID: Judge, wait. He has a civil 8 matter, a mortgage foreclosure actually that I'm 9 also representing him on. If we could not send him 10 on his way. I don't know if you can issue a 11 stay -- 12 THE COURT: Absolutely not, that's Judge 13 Volz's case, and we don't not send people to DOC 14 for civil litigation. I lost jurisdiction as soon 15 as the State entered a nol pros. So this case 16 13-CF-16047 is done. 17 MS. BELOHLAVEK: Thank you. 18 MS. DAVID: Thank you. 19 (Hearing concluded. ) 20 21 STRICKEN 22 23 24 25 ny vr u t u mräl vivison LEE U F C URT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR State of Flor da vs Anthony B. Bevan CRMINAL DIVISION Case Nurnber: 13-CF-016o47 Judge: Court Room: . Margaret O Steinbeck Courtroom 7-A Repo State Attorney: Rone/Watkins/Lubrun Date of Act on 12/16/2013 Ha®ett DOB: 05/30/1935 Custody Status: IC Arrest Date: 05/10/2 Race: White Count Description A est Agency: Lee County Sheriff Lo AGGRAV BATT OFFENDER ute - Degree Filed Status RESIST OFFICER - OBS 784.04S(16) - FS p1 Reopened Reason APREARANCE 843.02 - MF 1 Present W/attor R R v ke rder B et @ Y nterpreter Failed to appear .Bond Estreature Ordered Set Aside BWiNotify Clerk's Office/LCSO) CONTINUANCE eature Cont. to Continue AM / PM in Courtroom 4A for Ero TR Defense _.___ Judge 7A 78 8A 8B Scre n f HC e- Triaf D version 6A --- _ Pre-SentenÃvesti9 / ret D pos t on EL Ordered None Guilty Ea Ct Ct(s) Nolo Contendere Ea Ct ta e Ora y nd nforma n Charge(s) Open Court as to Ct (s) -¯- Formal Filin Degree AD_lU_D_I£ATION o adon FHed n Open Co e to T F Cr / Felony Adjudicated Gu ty Ea Ct Ct(s) _..__ Adjudication Withheld Ea Adjudicated Delinquen enile) DISPOSITIoN Nolle Prosse __._.__ Ea Ct Ct(s) D ed Merge Co DICT nto Count for Sentencing & Dism ssal ___._ Guilty by Jury Ct(s) G Not Gui ty by Jury Ct(s) __._. Remanded into Custody Statute STRICKENFL BAR # . © a Person with a disability who n ds this proceeding, you are entitled, at no cost o a on in order to participate in contact the Operations Division Director h te Promon of certain assistance. Please 1700 Monroe Street, Fort Myers, FL 33901 d oWice is located at Lee County Justice Center least 7 days before your scheduled court a , an whose telephone nmnber is (239) 533-1771 at cation if the time before the scheduledPearance, or nnnediately upon receiving this or voice impaired, call 711. aPPearance is less than 7 days; ifyou are hearing Received by: Jud e Rev.11/25/2013 IN A RCUlT COURT OF THE TWENTIETH JUDIC AL C RCU T STATE OF FLORIDA v. S NOW, Defendant Anthon B Deposition of Detective J February 8, 2013 Defenda t s Withdrawal of Attorney and Esto states the following: and 1. The Deposition of Detective James Butler was faken by Adorney Thomas Busetta over the objections of Defendant ' . Anthony Brian Bevan who asked for but had no input into the Deposition nor of confronting his Accusers. ( Exhibit 'A') . The Deposition of Detective James Butler was taken by Attorney Thomas Buseltta despite the February 8, 2013 Letter hand deliveredSTRICKENto Attorney Thomas Busetta and a copy hand delivered to the State Attorney: Christine Cummins. The Judicial Notice and letter outlined that the Defe objected to the Deposition on the grounds that the Defen d no -1- input into the Deposition nor of confronting his Accusers. The letter to Attorney Thomas Busatta outlined the acceptance of his withdrawal from the case two days prior and the charge by the Defendant of At+6rney Thomas Busetta as being an ineffective counsel " You are and have been an ineffective counsel and have demonstrated that you and your staff are a serious danger" (Exhibit 'B; ) 4. The deposition of Detective James Butler was taken by Attorney Thomas Busatta, even though he had withdrawn as counsel and the Defendant's agreement accepting his withdrawal and without consulting or asking for any input from the Defendant in violation of Florida Bar Rules and in violation of 18 USC which states: "It is a cdme for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of an right protected by the Constitution or laws of the United States." 5.The deposition of Detective James Butler was taken without attempts by the State Attorney to stop the deposition based on the Judicial Notice and letter.. This action was taken, in collusion with Attorney Thomas Busatta, in willful and total disregard of the Judicial Notice and letter ,. This action is in violation of 18 USC which states: "It isSTRICKENa crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of an right protected by the Constitution or laws of the United States.: 6.This action by the State Attorney of collusion and proceeding with the"Deposition is a violation Supreme Court of Florida case C.L. -2- 35.6 which states " Governmental misconduct which violates the constitution #334 due process right of a defendant, regardless of that defendant's predisposition, requires the dismissal of criminal charges": 6.
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