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Rece Ived Florida Supreme Court 09/14/2017

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Rece Ived Florida Supreme Court 09/14/2017 IN THE SUPREME COURT OF THE STATE OF FLORIDA GEORGE MICHAEL HODGES DEFENDANT/APPELLANT CASE NO. 89-CF-002165-A VS. STATE OF FLORIDA PLAINTIFF/APPELLEE APPELLATE CASE NO: SC17-1586 APPEAL FROM THE CIRCUIT COURT, CRIMINAL DIVISION, OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY THE HONORABLE MICHELLE SISCO JUDGE OF CIRCUIT COURT CRIMINAL DIVISION LINDA MCDERMOTT, ESQ. ASSISTANT ATTORNEY GENERAL 20301 GRANDE OAK BLVD. CONCOURSE CENTER NO. 4 SUITE 118-61 3507 E FRONTAGE ROAD, STE 200 ESTERO, FLORIDA 33928 TAMPA, FLORIDA 33607 ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE MASTER INDEX INDEX TO THE ORIGINAL RECORD ON APPEAL ITEM FILE DATE INSTRUMENT PAGE 89-CF-002165-A 1 9/14/2017 APPEAL CASE SUMMARY 1 - 43 2 12/14/2016 SUCCESSIVE MOTION TO VACATE DEATH SENTENCE 44 - 79 PURSUANT TO FLA RULE OF CRIMINAL PROCEDURE 3.851 3 12/14/2016 MOTION TO EXTEND PAGE LIMITATION 80 - 81 4 12/14/2016 NOTICE OF FILING ATTACHMENT TO SUCCESSIVE 82 - 87 RULE 3.851 MOTION 5 3/1/2017 AMENDED SUCCESSIVE MOTION TO VACATE DEATH 88 - 128 SENTENCE PURSUANT TO FLA RUE OF CRIMINAL PROCEDURE 3.851 6 3/28/2017 STATE'S ANSWER TO DEFENDANT'S AMENDED 129 - 146 SUCCESSIVE MOTION FOR POSTCONVICTION RELIEF 7 4/18/2017 MOTION FOR LEAVE TO AMEND PENDING AMENDED 147 - 152 SUCCESSIVE MOTION TO VACATE DEATH SENTENCE, PURSUANT TO FLA RULE OF CRIMINAL PROCEDURE 3.851 8 4/27/2017 ORDER ON APRIL 26, 2017 CASE MANAGEMENT 153 - 155 CONFERENCE, SIGNED BY MICHELLE SISCO ON 04/27/17 NUNC PRO TUNC 04/26/17 9 5/8/2017 SECOND AMENDED SUCCESSIVE MOTION TO VACATE 156 - 205 DEATH SENTENCE PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851 10 5/23/2017 STATE'S ANSWER TO DEFENDANT SECOND AMENDED 206 - 225 SUCCESSIVE MOTION FOR POSTCONVICTION RELIEF 11 6/1/2017 STATE'S NOTICE OF SUPPLEMENTAL AUTHORITY 226 - 235 12 7/31/2017 ORDER DENYING DEFENDANT'S SECOND AMENDED 236 - 246 SUCCESSIVE MOTION TO VACATE DEATH SENTENCE PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851, SIGNED BY MICHELLE SISCO ON 07/31/17 13 8/28/2017 NOTICE OF APPEAL 247 - 248 14 8/28/2017 STATEMENT OF JUDICIAL ACTS TO BE REVIEWED 249 - 249 15 8/28/2017 DIRECTIONS TO THE CLERK 250 - 251 16 8/28/2017 DESIGNATION TO COURT REPORTER 252 - 254 17 8/30/2017 TRANSCRIPT OF TESTIMONY AND PROCEEDINGS T1 - T10 TAKEN BEFORE MICHELLE SISCO ON 02/01/17 18 8/30/2017 TRANSCRIPT OF TESTIMONY AND PROCEEDINGS T1 - T10 TAKEN BEFORE MICHELLE SISCO ON 04/26/17 19 8/30/2017 TRANSCRIPT OF TESTIMONY AND PROCEEDINGS T1 - T11 TAKEN BEFORE MICHELLE SISCO ON 06/15/17 P1 TRIAL DIVISION 2 CASE SUMMARY CASE NO. 89-CF-002165-A STATE OF FLORIDA vs HODGES, GEORGE § Location: Trial Division 2 MICHAEL § Judicial Officer: Sabella, Christopher C § Filed on: 02/22/1989 § Case Number History: § BOOKING NUMBER: 00564376 § Uniform Case Number: 291989CF002165000AHC CASE INFORMATION Offense Statute Deg Date Case Type: FELONY CAPITAL MURDER Municipality: HILLSBOROUGH COUNTY 1. SEE DOCKET OR CASE FILE FOR 782041A FC 01/08/1987 Case Flags: FILE HOME LOCATION - CHARGES RECORDS CENTER OBTS: 0 Sequence: 1 ACN: 8700010354 Arrest: 02/22/1989 HCSO - Hillsborough County Sheriff's Office DATE CASE ASSIGNMENT Current Case Assignment Case Number 89-CF-002165-A Court Trial Division 2 Date Assigned 03/09/2017 Judicial Officer Sabella, Christopher C PARTY INFORMATION Lead Attorneys Defendant HODGES, GEORGE MICHAEL MCDERMOTT, LINDA Other Agency Number: 00267293 HCSO SOID Retained 850-322-2172(W) Plaintiff STATE OF FLORIDA Converted BLANCO, KATHERINE VICKERS Attorney MCDERMOTT, LINDA Removed: 12/02/2010 Ended Converted Party DATE EVENTS & ORDERS OF THE COURT INDEX 08/30/2017 TRANSCRIPT Index # 12 08/30/2017 TRANSCRIPT Index # 11 08/30/2017 TRANSCRIPT Index # 10 08/29/2017 ORDER FROM SUPREME COURT Index # 9 08/29/17 SC17-1586 08/29/2017 ACKNOWLEDGEMENT OF NEW CASE Index # 8 SC17-1586 08/29/2017 ORDER FROM SUPREME COURT Index # 7 08/29/17 SC17-1586 PAGE 1 OF 43 Printed on 09/14/2017 at 8:03 AM P1 P2 TRIAL DIVISION 2 CASE SUMMARY CASE NO. 89-CF-002165-A 08/29/2017 LETTER OF TRANSMITTAL Index # 6 NOA SENT TO SUPREME COURT 08/28/2017 DESIGNATION TO COURT REPORTER Index # 5 08/28/2017 DIRECTIONS TO THE CLERK Index # 4 08/28/2017 JUDICIAL ACTS TO BE REVIEWED Index # 3 STATEMENT OF 08/28/2017 NOTICE OF APPEAL Index # 2 07/31/2017 ORDER DENYING DEFT'S SECOND AMENDED SUCCESSIVE MOTION TO VACATE DEATH SENTENCE Index # 1 PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.850--SIGNED BY JUDGE SISCO--COPIES SENT TO ATTY, ATTORNEY GENERAL OFFICE AND SAO--VBA POST CONVICTION RELIEF STATUS HEARING (1:30 PM) (Judicial Officer: SISCO, 06/15/2017 MICHELLE ;Location: COURTROOM 10 1ST FLOOR) CASE MANAGEMENT CONFERENCE 06/15/2017 COURT DOCKET PAGE 06/15/2017 ORDER TO BE PREPARED 06/15/2017 ALSO PRESENT GENERAL OFFICE - SUZANNE BECHARD 06/15/2017 ASSISTANT STATE ATTORNEY JAY PRUNER 06/15/2017 BY ATTORNEY LINDA MCDERMOTT 06/15/2017 NO HEARING NO FUTURE DATE SET 06/01/2017 NOTICE STATE'S OF SUPPLEMENTAL AUTHORITY 05/23/2017 STATES RESPONSE TO DEFTS 2ND AMENDED SUCCESSIVE MOTN FOR POSTCONVICTION RELIEF 05/08/2017 3.850 MOTION FILED 04/28/2017 NOTICE OF HEARING Court Date: 06/15/2017 Party: Defendant HODGES, GEORGE MICHAEL FELONY NOTICE OF HEARING 04/28/2017 NOTICE OF HEARING Court Date: 06/15/2017 Party: Private Attorney MCDERMOTT, LINDA PAGE 2 OF 43 Printed on 09/14/2017 at 8:03 AM P2 P3 TRIAL DIVISION 2 CASE SUMMARY CASE NO. 89-CF-002165-A FELONY NOTICE OF HEARING 04/27/2017 ORDER ON APRIL 26, 2017 CASE MANAGEMENT CONFERENCE--SIGNED BY JUDGE SISCO-- COPIES SENT TO ATTY, SAO AND ATTORNEY GENERAL OFFICE--VBA 04/26/2017 COURT DOCKET PAGE 04/26/2017 DEFENSE COUNSEL ORALLY REQUEST TO AMEND CLAIMS - GRANTED ; DEFENSE COUNSEL HAS UNTIL 08-MAY-2017 BY 5:PM ; ATTY GENERAL OFFICE HAS UNTIL 24-MAY-2017 BY 5PM TO RESPOND 04/26/2017 COURT REPORTER OFFICIAL - MARY BLAZER 04/26/2017 ASSISTANT STATE ATTORNEY JAY PRUNER 04/26/2017 ATTORNEY GENERAL OFFICE SUZANNE BECHARD 04/26/2017 BY ATTORNEY LINDA MCDERMOTT - TELEPHONICALLY HEARING POST CONVICTION RELIEF STATUS HEARING (11:00 AM) (Judicial Officer: SISCO, 04/26/2017 MICHELLE ;Location: COURTROOM 10 1ST FLOOR) CASE MGMT CONFERENCE 04/18/2017 MOTION FOR LEAVE TO AMEND PENDING AMENDED SUCCESSIVE MOTN TO VACATE DEATH SENTENCE PURSUANT TO FLA RULE OF CRIMINAL PROCEDURE 3.851 04/05/2017 NOTICE OF HEARING Court Date: 04/26/2017 Party: Defendant HODGES, GEORGE MICHAEL FELONY NOTICE OF HEARING 04/05/2017 NOTICE OF HEARING Court Date: 04/26/2017 Party: Private Attorney BECHARD , C SUZANNE FELONY NOTICE OF HEARING 04/04/2017 REQUEST TO ADD CASE ON DOCKET PER JUDGE'S OFFICE MEMO SET FOR CASE MGMT CONFERENCE 03/28/2017 STATES RESPONSE TO DEFTS AMENDED SUCCESSIVE MOTN FOR POSTCONVICTION RELIEF 03/01/2017 FELONY RELATED 3.850 AMENDED SUCCESSIVE MOTION TO VACATE DEATH SENTENCE PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851--FILED BY LINDA MCDERMOTT 03/01/2017 3.850 MOTION FILED SUCCESSIVE TO VACATE DEATH SENTENCE PURSUANT TO FLA RUE OF CRIMINAL PROCEDURE 3.851 PAGE 3 OF 43 Printed on 09/14/2017 at 8:03 AM P3 P4 TRIAL DIVISION 2 CASE SUMMARY CASE NO. 89-CF-002165-A 02/08/2017 ORDER ON CASE MANAGEMENT CONFERENCE AND ORDER GRANTING DEFT'S ORE TENUS MOTION TO AMEND SUCCESSIVE MOTION TO VACATE DEATH SENTENCE PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851--SIGNED BY JUDGE SISCO--COPIES SENT TO ATTY, ATTY GENERAL OFFICE AND SAO--VBA 02/01/2017 COURT DOCKET PAGE 02/01/2017 DEFENSE COUNSEL CAN ADD CLAIM TO BE SUBMITTED WITHIN 30 DAYS 01-MAR-2017 BY 5:PM ; SWP HAS 30 DAYS TO RESPOND TO THE CLAIM BY 29-MAR-2017 02/01/2017 STATE ATTORNEY OFFICE OBJECTS 02/01/2017 DEFENSE COUNCEL REQUEST TO ADD AMENDMENTS 02/01/2017 SEE DOCKET TEXT NO DAE SET AT THIS TIME 02/01/2017 COURT REPORTER OFFICIAL - MARY BLAZER 02/01/2017 ASSISTANT STATE ATTORNEY C EUGENE BECHARD POST CONVICTION RELIEF STATUS HEARING (1:30 PM) (Judicial Officer: SISCO, 02/01/2017 MICHELLE ;Location: COURTROOM 10 1ST FLOOR) CASE MGT CONFERENCE 02/01/2017 BY PUBLIC DEFENDER (Judicial Officer: SISCO, MICHELLE ) LINDA MCDERMOTT 01/27/2017 NOTICE OF HEARING Court Date: 02/01/2017 Party: Defendant HODGES, GEORGE MICHAEL FELONY NOTICE OF HEARING 01/27/2017 NOTICE OF HEARING Court Date: 02/01/2017 Party: Private Attorney BECHARD , C SUZANNE FELONY NOTICE OF HEARING 01/23/2017 REQUEST TO ADD CASE ON DOCKET PER JUDGE'S OFFICE MEMO SET FOR CASE MGMT CONF 01/03/2017 STATES RESPONSE TO DEFTS SUCCESSIVE MOTN FOR POSTCONVICTION RELIEF 12/15/2016 NOTICE OF APPEARANCE 12/14/2016 MOTION TO EXTEND PAGE LIMITATION PAGE 4 OF 43 Printed on 09/14/2017 at 8:03 AM P4 P5 TRIAL DIVISION 2 CASE SUMMARY CASE NO. 89-CF-002165-A 12/14/2016 NOTICE OF FILING ATTACHMENT TO SUCCESSIVE RULE 3.851 MOTION 12/14/2016 3.850 MOTION FILED SUCCESSIVE TO VACATE DEATH SENTENCE PURSUANT TO FLA RULE OF CRIMINAL PROCEDURE 3.851 09/09/2013 FELONY RELATED 3.850 Party: Defendant HODGES, GEORGE MICHAEL JUSTICE ADMINISTRATIVE COMMISSION'S NOTICE TO COURT AS REQUIRED BY SECTION 27.710(4), FLORIDA STATUTES--FILED BY ASSIST GENERAL COUNSEL- BRADLEY BISCHOFF(JAC) User ID=BENSON 06/03/2013 ORDER Party: Defendant HODGES, GEORGE MICHAEL ON MOTION FOR ATTORNEYS FEES--SIGNED BY JUDGE BEHNKE User ID=BENSON 08/13/2012 MANDATE AFFIRMED Party: Defendant HODGES, GEORGE MICHAEL SC 11-762, TR-2, NCR User ID=REYESN 07/27/2012 ORDER Party: Defendant HODGES, GEORGE MICHAEL FROM SUPREME COURT, 7/23/12, SC11-762 User ID=MANRESAE 12/09/2011 ORDER Party: Defendant HODGES, GEORGE MICHAEL ORDER ON MOTION FOR ATTORNEY'S FEES User ID=HERZOGDA 12/09/2011 MOTION FOR DISCHARGE AND AWARD ATTORNEY FEE Party: Defendant HODGES, GEORGE MICHAEL MOTION FOR ATTORNEY'S FEES AND EXPENSES (FILED BY LINDA MCDEMOT, ATTORNEY FOR DEFENDANT User ID=HERZOGDA 06/10/2011 LETTER OF TRANSMITTAL Party: Defendant HODGES, GEORGE MICHAEL RECORD SENT TO SUPREME COURT, AG, & LINDA MCDERMOTT, ESQ.
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