Capehart v. State

Supreme Court of Florida

Capehart v. State

35 So. 3d 909, 35 Fla. L. Weekly Supp. 261, 2010 Fla. LEXIS 716, 2010 WL 1905010

CourtSupreme Court of Florida

DecidedMay 13, 2010

DocketSC10-275

StatusPublished

Cited by1 cases

This text of 35 So. 3d 909 (Capehart v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Capehart v. State, 35 So. 3d 909, 35 Fla. L. Weekly Supp. 261, 2010 Fla. LEXIS 716, 2010 WL 1905010 (Fla. 2010).

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Opinions

This appeal of the denial of appellant’s seventh amended initial motion to vacate judgments of conviction, which was transferred to this Court from the Second District Court of Appeal in case no. 2D08-5692, is hereby dismissed without prejudice and returned to the Circuit Court of the Sixth Judicial Circuit. The circuit court is hereby directed to conduct a status conference within thirty days of the date of this order for the purpose of determining the question of counsel for Gregory Capehart in the pending penalty phase proceeding and any other matters the court deems necessary or proper. The circuit court is also directed to proceed expeditiously, commensurate with due process considerations, in conducting the new penalty phase proceeding previously ordered by that court. In light of this order, all pending motions are denied as moot.

PARIENTE, LEWIS, LABARGA, and PERRY, JJ., concur. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. QUINCE, C.J., recused.

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This appeal of the denial of appellant’s seventh amended initial motion to vacate judgments of conviction, which was transferred to this Court from the Second District Court of Appeal in case no. 2D08-5692, is hereby dismissed without prejudice and returned to the Circuit Court of the Sixth Judicial Circuit. The circuit court is hereby directed to conduct a status conference within thirty days of the date of this order for the purpose of determining the question of counsel for Gregory Capehart in the pending penalty phase proceeding and any other matters the court deems necessary or proper. The circuit court is also directed to proceed expeditiously, commensurate with due process considerations, in conducting the new penalty phase proceeding previously ordered by that court. In light of this order, all pending motions are denied as moot.

PARIENTE, LEWIS, LABARGA, and PERRY, JJ., concur. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. QUINCE, C.J., recused.

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Bluebook (online)

35 So. 3d 909, 35 Fla. L. Weekly Supp. 261, 2010 Fla. LEXIS 716, 2010 WL 1905010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capehart-v-state-fla-2010.

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