http://www.oranous.com/florida/MarkSchwab/FSCrehearingorder.htm
http://www.oranous.com/florida/MarkSchwab/Filed_11-07-2007_Order_Denying_Rehearing.pdf
http://www.oranous.com/florida/MarkSchwab/Filed_11-07-2007_Order_Denying_Rehearing.pdf
Supreme Court of Florida
WEDNESDAY, NOVEMBER 7, 2007
CASE NO.: SC07-1603
Lower Tribunal No.: 05-1991-7249-AXXX
MARK DEAN SCHWAB vs.STATE OF FLORIDA
Appellant(s) Appellee(s)
Appellant(s) Appellee(s)
Appellant's Motion for Rehearing is hereby denied.
LEWIS, C.J., and WELLS, PARIENTE, QUINCE, CANTERO, and BELL, JJ.,
concur.
concur.
ANSTEAD, J., dissents: I would grant rehearing, especially on the issue of
whether Schwab was denied the right to an individualized evidentiary hearing in
which he would be given an opportunity to present his own evidence and
contentions in addition to those presented in the Lightbourne case. Unlike
Lightbourne, who was granted this opportunity, Schwab has been denied this
fundamental right to articulate and prosecute his own claim.
whether Schwab was denied the right to an individualized evidentiary hearing in
which he would be given an opportunity to present his own evidence and
contentions in addition to those presented in the Lightbourne case. Unlike
Lightbourne, who was granted this opportunity, Schwab has been denied this
fundamental right to articulate and prosecute his own claim.
A True Copy
Test:
jn
Served:
WAYNE HOLMES DAPHNEY ELAINE GAYLORD
MARK S. GRUBER PETER JAMES CANNON
BARBARA C. DAVIS KENNETH S. NUNNELLEY
HON. CHARLES M. HOLCOMB, JUDGE
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