1 ST SUPPLEMENTAL RECORD ON APPEAL

Transcription

1 Filing # E-Filed 0// :: AM BILLY LEON KEARSE APPELLANT VS STATE OF FLORIDA APPELLEE IN THE NINETEENTH JUDICIAL CIRCUIT COURT, IN AND FOR ST. LUCIE COUNTY, FLORIDA L.T. CASE NO: CF000 A H.T. CASE NO: SC- RECEIVED, 0// :: AM, Clerk, Supreme Court ST SUPPLEMENTAL RECORD ON APPEAL

2 MARCH 0, ORDER NOTICE OF HEARING ( V ) MARCH 0, ORDER APPOINTING ESQUIRE COURT REPORTING ( V ) APRIL, APRIL, TRANSCRIPT ( V ) CERTIFICATE OF CLERK

3 Filing# 0 E-Filed 0/0/ 0:0:0 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY, FLORIDA STATE OF FLORIDA, vs. FELONY DIVISION CASE NO. CF000A BILLY LEON KEARSE, Defendant. / NOTICE OF HEARING THIS CASE came before the court in this capital postconviction case for a status conference ordered in postconviction appeal case number SC -. A status conference on the preparation of the postconviction appellate record will be conducted at :0 a.m. on Monday, March, ; in Courtroom "A", at the Okeechobee County Courthouse, N.W. rd Street, Okeechobee, Florida. (0 minutes have been reserved.) The Defendant will not be present at the hearing. Esquire Court Reporting will be present. Counsel and the Appellate Clerk may appear in person or by telephone. If appearing by telephone, the conference bridge telephone number is 0-. The conference ID number is 000#. DONE AND ORDERED in chambers in Okeechobee, Florida, on Mwdlt,. \~ DAN L. JM&f#ll DYb(O: CIRCUIT JUDGE ~v Cswies to: ~aul Kalil Asst. CCRC kalilo@ccsr.state.fl.us ~an Butler, ASA rbutler@sao.org vt:eslie Campbell, AAG Leslie.Campbell@mvtloridaleqal.com t..-kathy Enloe, Esquire Court Reporting esquire@bellsouth.net -vrlry Rei, Saint Lucie County Clerk Relt@stlucieclerk.com ~thy Maldonado, Appellate Clerk Maldonadok@stlcuieclerk.com 'V~nielle Craig, Okeechobee County Clerk's Office dcraiq@clerk.co.okeechobee.fl.us ~echobee Court Security SCrawford@okeesheriff.com CGill@okeesheriff.com ~Kyechobee Court Recording Recordlnq0C@circuit.org L-Sfiaron Robson, Senior Staff Attorney robsons@circuit.org

4 Filing# E-Filed 0/0/ 0:0: PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY, FLORIDA STATE OF FLORIDA, vs. FELONY DIVISION CASE NO. CF000A BILLY LEON KEARSE, Defendant ' ORDER APPOINTING ESQUIRE COURT REPORTING THIS CASE came before the court in chambers in this capital postconviction case in preparation for a status conference ordered in postconviction appeal case number SC-. The court finds and orders as follows. Esquire Court Reporting, a court reporter from the list maintained by the Trial Court Administrator, is hereby appointed to take all proceedings in this matter. DONE AND ORDERED in chambers in Okeechobee, );(wc;;l.,. Florida, on Copies to: /au Kalil, Asst. CCRC kalilp@ccsr.state.fl.us ~an Butler, ASA rbutler@sao.org \.-(eslie Campbell, AAG Leslie.Campbell@myfloridalegal.com \)Kaihy Enloe, Esquire Court Reporting esquire@bellsouth.net ~thia Sciarra, Treasure Coast Court Reporting cynthiahelen@msn.com crfna Rei, Saint Lucie County Clerk Relt@stlucieclerk.com \/(a!)ji Dye, Court Administration, DyeT@circuit.org tffaron Robson, Senior Staff Attorney robsons@circuit.org

5 Filing# E-Filed 0// 0:: PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO. CF000A STATE OF FLORIDA, ) ) Plaintiff, ) ) vs. ) ) BILLY LEON KEARSE, ) ) Defendant. ) ; TRANSCRIPT OF PROCEEDINGS This cause came on for hearing before the Honorable Dan L. vaughn, Judge of the circuit court, at the okeechobee county courthouse, okeechobee, Florida, beginning on March,, at :0 a.m. The appearances at said time and place were as follows: FOR THE PLAINTIFF: STATE ATTORNEY'S OFFICE BY: RYAN BUTLER, ESQ. 00 th Avenue, # vero Beach, Florida 0 AND OFFICE OF THE ATTORNEY GENERAL BY: LESLIE CAMPBELL, ESQ. N. Flagler Drive, suite 00 west Palm Beach, Florida 0

6 FOR THE DEFENDANT: CCRC-SOUTH BY: PAUL EDWARD KALIL, ESQ. (telephonically) East Broward Boulevard, suite Ft. Lauderdale, Florida 0 ALSO PRESENT: ST. LUCIE COUNTY CLERK OF COURT BY: KATHY MALDONADO, (telephonically) s. Indian River Drive Fort Pierce, Florida 0

7 (whereupon, the following proceedings were had on March,, : a.m.:) THE COURT: This is Case CF, State vs. Billy Leon Kearse. Mr. Kalil is present via conference call. Ms. campbell is present here in court, along with Mr. Butler on behalf of the state. our nice lady from Esquire court Reporting is present also. Ms. Maldonado is present on behalf of the st. Lucie county clerk's office. The Defendant's successive Rule. motion had been dismiss by this court earlier as it exceeded the page limitation. I understand the defense filed an appeal. on March nd, the supreme court entered an order requiring the trial court to conduct a status hearing within 0 days on the preparation of the appellate record. The state requests a short hearing be held. so today obviously is March,. Ms. campbell or Mr. Butler? Just make sure you speak up so they can hear you. MS. CAMPBELL: Yes. Good morning, Your Honor. we had anticipated that this hearing would be held before the transcript or the record was

8 transmitted. However, I just want to advise the court that we were under the impression that your order was without prejudice, because you were merely denying the motion to enlarge the motion. If I may reminded the court, there was a prior Hurst motion, Hurst post-conviction motion that had been denied without prejudice for the Defendant to file a motion that complied with the rules. That -- that was timely and was -- that the Hurst had been held retroactive. Instead, the defense had filed a motion, I believe it was pages and they also filed a motion to accept that enlarged motion and this court denied it. That being said, the record has been transmitted and it is the state's intention to file a motion to relinquish jurisdiction so that this court can complete its work or the Defendant can file the proper motion. THE COURT: Mr. Butler, do you want to comment? MR. BUTLER: Nothing additional, Your Honor. THE COURT: Mr. Kalil, do you wish to make any comment? MR. KALIL: No, Your Honor. I received the record on March loth and I intend to go forward

9 with the appeal as the briefing schedule is laid out in the Florida supreme court. other than that, I have nothing additional. THE COURT: Ms. campbell, anything else you want to say? MS. CAMPBELL: No, Your Honor. THE COURT: okay. I'll just await direction from the Florida supreme court. MR. KALIL: Thank you, Judge. I will file a motion to supplement the record with the transcript of this hearing this afternoon. That would be the only thing additional that I would need to do. THE COURT: Sure. If you wish, I would appreciate it. MR. KALIL: I appreciate it. Thank you. THE COURT: Thank you. Mr. Kalil, this is going to sound worse than I mean it' but we're going to hang up on you. MR. KALIL: okay. THE COURT: Hang on one second. I'm sorry, hang on. MR. BUTLER: unless we were incorrect, Your Honor, we were correct in assuming that that was a non-final order. THE COURT: It was.

10 MR. BUTLER: Thank you, Your Honor. THE COURT: Thank you, Mr. Kalil. We'll go ahead and sign off. MR. KALIL: I took that order to be a final order and I filed a motion of rehearing specifically addressing why I believe it to be a final order. And if the state wants to get a ruling from the court at this point in its final order, I would say that the court is without jurisdiction to enter such an order because the case is on appeal to the Florida supreme court and the time for filing a motion for hearing or motion for clarification for the State has long since passed. so I just want the record to be clear. My intention is to go forward with this appeal as - having interpreted the court's order as being a final order, adopting the pleadings of the state and denied the motion for excess pages. THE COURT: okay. I'll await direction from the Florida supreme court. MR. KALIL: I appreciate it. Thank you. THE COURT: Thank you very much. see you next time, Kathy. MS. MALDONADO: Yes, Your Honor. Thank you.

11 (Thereupon, these proceedings concluded at : a.m.)

12 CERTIFICATE OF REPORTER I, JODI L. COLELLO, Notary Public, in and for the County of okeechobee, do hereby certify that in the matter of state of Florida and Billy Leon Kearse, a hearing was held before the Honorable Dan L. vaughn, circuit Judge, beginning at the hour of : a.m. on March, ; that I was authorized to and did stenographically report the foregoing proceedings in that hearing, and that the foregoing pages, number through, comprise a true and correct transcript of those proceedings. Done and dated this 0th day of March,, at stuart, Martin county, Florida. Jodi L. Colello, FPR Notary Public Jodi L. Colello commission #GG 00 Expires July,

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