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Rece Ived Florida Supreme Court 12/11/2017

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Rece Ived Florida Supreme Court 12/11/2017 IN THE SUPREME COURT OF THE STATE OF FLORIDA MILFORD WADE BYRD DEFENDANT/APPELLANT CASE NO. 81-CF-010517-A VS. STATE OF FLORIDA PLAINTIFF/APPELLEE APPELLATE CASE NO: 17-1733 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 MARTIN J. MCCLAIN, ESQ. ASSISTANT ATTORNEY GENERAL 141 NE 30TH ST CONCOURSE CENTER NO. 4 WILTON MANORS, FL 33334 3507 E FRONTAGE ROAD, STE 200 TAMPA, FLORIDA 33607 ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE MASTER INDEX INDEX TO THE ORIGINAL RECORD ON APPEAL ITEM FILE DATE INSTRUMENT PAGE 81-CF-010517-A 1 12/6/2017 APPEAL CASE SUMMARY 1 - 42 2 11/2/2016 SUCCESSIVE MOTION TO VACATE JUDGMENTS OF 43 - 86 CONVICTION AND SENTENCE OF DEATH 3 11/2/2016 MOTION TO EXCEED PAGE LIMITATION 87 - 88 4 11/22/2016 STATE'S RESPONSE TO DEFENDANT'S SUCCESSIVE 89 - 112 MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES 5 2/10/2017 ORDER ON FEBRUARY 9, 2017 STATUS HEARING, 113 - 114 SIGNED BY MICHELLE SISCO ON 02/10/17 6 3/13/2017 AMENDED SUCCESSIVE MOTION TO VACATE 115 - 201 JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH 7 3/13/2017 MOTION TO EXCEED PAGE LIMITATION 202 - 203 8 3/28/2017 ORDER GRANTING MOTION TO EXCEED PAGE 204 - 206 LIMITATION, SIGNED BY MICHELLE SISCO ON 03/27/17 9 4/3/2017 STATE'S RESPONSE TO DEFENDANT'S 207 - 229 SUPPLEMENTAL SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES 10 4/11/2017 MOTION FOR LEAVE TO AMEND SUCCESSIVE MOTION 230 - 241 TO VACATE 11 4/20/2017 ORDER ON APRIL 13, 2017 STATUS HEARING, 242 - 244 SIGNED BY MICHELLE SISCO ON 04/20/17 12 4/27/2017 SUPPLEMENT TO AMENDED SUCCESSIVE MOTION 245 - 266 JUDGMENTS OF CONVICTION AND SENTENCES AND ALTERNATIVELY MOTION TO CORRECT ILLEGAL SENTENCES 13 5/12/2017 STATE'S ANSWER TO DEFENDANT'S AMENDED 267 - 277 SUCCESSIVE MOTION (CLAIM V) FOR POST- CONVICTION RELIEF 14 5/25/2017 NOTICE OF SUPPLEMENTAL AUTHORITY 278 - 287 15 6/17/2017 NOTICE OF SUPPLEMENTAL AUTHORITY 288 - 290 16 6/17/2017 ATTACHMENT TO NOTICE OF SUPPLEMENTAL 291 - 309 AUTHORITY 17 8/14/2017 NOTICE OF SUPPLEMENTAL AUTHORITY 310 - 317 18 8/22/2017 ORDER DENYING CLAIMS I, II, AND III, OF 318 - 332 SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH, CLAIMS 1, II, III, AND IV OF AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH, AND CLAIM V OF SUPPLEMENT TO AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES, AND ALTERNATIVELY MOTION TO CORRECT ILLEGAL SENTENCE, SIGNED BY MICHELLE SISCO ON 08/21/17 19 9/27/2017 MOTION TO EXTEND THE TIME FOR FILING NOTICE 333 - 340 OF APPEAL, OR IN THE ALTERNATIVE, MOTION TO RE-ENTER ORDER DENYING DEFENDANT'S AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH 20 9/27/2017 NOTICE OF APPEAL 341 - 342 21 10/4/2017 ORDER DENYING MOTION TO EXTEND THE TIME FOR 343 - 344 FILING NOTICE OF APPEAL, OR IN THE ALTERNATIVE, MOTION TO RE-ENTER ORDER DENYING DEFT'S AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH, SIGNED BY MICHELLE SISCO ON 10/04/17 22 12/11/2017 TRANSCRIPT OF PROCEEDINGS TAKEN BEFORE T1 - T9 MICHELLE SISCO ON 12/06/16 23 12/11/2017 TRANSCRIPT OF PROCEEDINGS TAKEN BEFORE T1 - T7 MICHELLE SISCO ON 02/09/17 24 12/11/2017 TRANSCRIPT OF PROCEEDINGS TAKEN BEFORE T1 - T10 MICHELLE SISCO ON 04/13/17 25 12/11/2017 TRANSCRIPT OF PROCEEDINGS TAKEN BEFORE T1 - T18 MICHELLE SISCO ON 05/24/17 P1 DIVISION C CASE SUMMARY CASE NO. 81-CF-010517-A STATE OF FLORIDA vs BYRD, MILFORD WADE § Location: Division C § Judicial Officer: Ward, Samantha L § Filed on: 12/18/2000 § Case Number History: 81-CF-010517 § Uniform Case Number: 291981CF010517000AHC § CASE INFORMATION Offense Statute Deg Date Case Type: FELONY CAPITAL MURDER Municipality: HILLSBOROUGH COUNTY 1. 782041 MURDER IN THE FIRST DEGREE EVID FC 12/18/2000 Case Flags: FILE HOME LOCATION - (PREMEDITATED) RECORDS CENTER Sequence: 1 Filed As: EVID SEE HISTORY FICHE NN 12/18/2000 FOR CHARGE DETAIL DATE CASE ASSIGNMENT Current Case Assignment Case Number 81-CF-010517-A Court Division C Date Assigned 06/23/2012 Judicial Officer Ward, Samantha L PARTY INFORMATION Lead Attorneys Defendant BYRD, MILFORD WADE Plaintiff STATE OF FLORIDA Judge BLACK, ANTHONY K Removed: 03/08/2011 Rotation/Administrative Order LOPEZ, MANUEL A Removed: 03/05/2012 Rotation/Administrative Order TIMMERMAN, WAYNE S Removed: 03/05/2012 Rotation/Administrative Order WARD, SAMANTHA L WOLFE, MARK Removed: 02/05/2007 Rotation/Administrative Order DATE EVENTS & ORDERS OF THE COURT INDEX 10/04/2017 ORDER DENYING MOTION TO EXTEND THE TIME FOR FILING NOTICE OF APPEAL, OR IN THE ALTERNATIVE, MOTION TO RE-ENTER ORDER DENYING DEFT'S AMENDED Index # 8 SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH--SIGNED BY JUDGE SISCO--COPIES SENT TO ATTY, ATTORNEY GENERAL OFFICE AND SAO--SP 10/02/2017 ORDER FROM SUPREME COURT Index # 7 SC17-1733 PAGE 1 OF 42 Printed on 12/07/2017 at 11:15 AM P1 P2 DIVISION C CASE SUMMARY CASE NO. 81-CF-010517-A 09/29/2017 ACKNOWLEDGEMENT OF NEW CASE Index # 6 SC17-1733 09/27/2017 LETTER OF TRANSMITTAL Index # 5 NOA SENT TO SUPREME COURT (FILING # 62070999) 09/27/2017 NOTICE OF APPEAL Index # 4 09/27/2017 MOTION FOR EXTENSION OF TIME FOR FILING NOTICE OF APPEAL, OR IN THE ALTERNATIVE, MOTION TO RE-ENTER Index # 3 ORDER DENYING DEFTS AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH 08/22/2017 ORDER DENYING CLAIMS I, II, AND III, OF SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH, CLAIMS 1, II, III, AND IV OF AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCE Index # 2 OF DEATH, AND CLAIM V OF SUPPLEMENT TO AMENDED SUCCESSIVE MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES, AND ALTERNATIVELY MOTION TO CORRECT ILLEGAL SENTNECES--SIGNED BY JUDGE SISCO--COPIES SENT TO ATTYS ATTORNEY GENERAL OFFICE AND SAO--VBA 08/14/2017 NOTICE Index # 1 OF SUPPLEMENTAL AUTHORITY 06/17/2017 ATTACHMENT 06/17/2017 NOTICE OF SUPPLEMENTAL AUTHORITY 05/25/2017 NOTICE OF SUPPLEMENTAL AUTHORITY CERTIFICATE OF SERVICE 05/24/2017 COURT DOCKET PAGE 05/24/2017 ALSO PRESENT ATTY GEN OFFICE - MARILYN BECCUE 05/24/2017 ORDER TO BE PREPARED 05/24/2017 COURT REPORTER OFFICIAL NATALIE LAMA 05/24/2017 ASSISTANT STATE ATTORNEY JAY PRUNER 05/24/2017 BY ATTORNEY MARTIN MCCLAIN STATUS REVIEW (11:00 AM) (Judicial Officer: SISCO, 05/24/2017 MICHELLE ;Location: COURTROOM 10 1ST FLOOR) CASE MANAGEMENT CONFERNECE CANCELED STATUS REVIEW (11:00 AM) (Judicial Officer: Judge, 05/24/2017 Senior ;Location: COURTROOM 18 1ST FLOOR) PAGE 2 OF 42 Printed on 12/07/2017 at 11:15 AM P2 P3 DIVISION C CASE SUMMARY CASE NO. 81-CF-010517-A SET IN ERROR CASE MANAGEMENT CONFERNECE 05/12/2017 ANSWER TO MOTION STATE'S TO DEFTS AMENDED SUCCESSIVE MOTN (CLAIM V) FOR POST- CONVICTION RELIEF 04/27/2017 MOTION TO VACATE SUPPLEMENT TO AMENDED SUCCESSIVE JUDGMENTS OF CONVICTION AND SENTENCES & ALTERNATIVELY MOTN TO CORRECT ILLEGAL SENTENCES 04/20/2017 ORDER ON APRIL 13, 2017 STATUS HEARING--SIGNED BY JUDGE SISCO-COPIES SENT TO ATTY, ATTY GENERAL OFFICE AND SAO--VBA 04/18/2017 NOTICE OF HEARING Court Date: 05/24/2017 Party: Defendant BYRD, MILFORD WADE FELONY NOTICE OF HEARING 04/13/2017 COURT DOCKET PAGE 04/13/2017 ALSO PRESENT JAY PRUNER PRESENT ON BEHALF OF STATE ATTY'S OFFICE 04/13/2017 ASSISTANT STATE ATTORNEY MARILYN BECCUE-ATTORNEY GENERAL OFFICE 04/13/2017 BY ATTORNEY MARTIN MCLAIN & BRYAN MARTINEZ STATUS REVIEW (11:00 AM) (Judicial Officer: SISCO, 04/13/2017 MICHELLE ;Location: COURTROOM 10 1ST FLOOR) CASE MANAGEMENT CONFERENCE 04/13/2017 COURT REPORTER CHRISTINA CRANTON DIGITAL & MARY BLAZER 04/11/2017 MOTION MOTION FOR LEAVE 04/03/2017 STATES RESPONSE TO DEFTS SUPPLEMENTAL SUCCESSIVE MOTN TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES 03/28/2017 ORDER GRANTING MOTION TO EXCEED PAGE LIMITATION--SIGNED BY JUDGE SISCO--COPIES SENT TO ATTY,ATTY GENERAL OFFICE AND SAO--VBA 03/13/2017 MOTION TO EXCEED PAGE LIMITATION 03/13/2017 MOTION TO VACATE AMENDED SUCCESSIVE JUDGMENTS OF CONVICTION AND SENTENCE OF DEATH 02/15/2017 PAGE 3 OF 42 Printed on 12/07/2017 at 11:15 AM P3 P4 DIVISION C CASE SUMMARY CASE NO. 81-CF-010517-A RETURNED MAIL 02/11/2017 NOTICE OF HEARING Court Date: 04/13/2017 Party: Defendant BYRD, MILFORD WADE FELONY NOTICE OF HEARING 02/10/2017 ORDER ON FEBRUARY 9, 2017 STATUS HEARING--SIGNED BY JUDGE SISCO--COPIES SENT TO ATTY, ATTORNEY GENERAL OFFICE AND SAO--VBA 02/09/2017 COURT DOCKET PAGE 02/09/2017 NOTIFY ATTORNEY 02/09/2017 ATTORNEY HAS 30 DAYS TO FILE CLAIMS ATTORNEY GENERAL OFFICE HAS 20 DAYS TO RESPOND AFTER ATTORNEY 02/09/2017 STATEWIDE PROSECUTOR MARILYN BECCUE 02/09/2017 BY ATTORNEY MARTIN MCCLAIN - TELEPHONIC HEARING 02/09/2017 COURT REPORTER MARY BLAZER OFFICIAL POST CONVICTION RELIEF STATUS HEARING (9:00 AM) (Judicial Officer: SISCO, 02/09/2017 MICHELLE ;Location: COURTROOM 10 1ST FLOOR) CASE MGMT CONFERENCE 02/07/2017 REQUEST TO ADD CASE ON DOCKET SET FOR CASE MGMT CONF 12/06/2016 COURT DOCKET PAGE 12/06/2016 SEE FREE FORM TEXT MARILYN BECCUE - STATE WIDE PROSECUTOR OFFICE 12/06/2016 SEE FREE FORM TEXT NO FUTURE COURT DATE SET AT THIS TIME 12/06/2016 SEE FREE FORM TEXT MATTER STAY PENDING, RULING FROM SUPREME COURT 12/06/2016 ASSISTANT STATE ATTORNEY JAMES PRUNER 12/06/2016 BY ATTORNEY MARTIN MCCLAIN 12/06/2016 COURT REPORTER ELEC EMILY CRIST 12/06/2016 POST CONVICTION RELIEF STATUS HEARING (11:00 AM) (Judicial Officer: Sisco, Michelle ;Location: COURTROOM 10 1ST FLOOR) PAGE 4 OF 42 Printed on 12/07/2017 at 11:15 AM P4 P5 DIVISION C CASE SUMMARY CASE NO.
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