Florida Supreme Court orders new briefing schedule in Richard Henyard

SUPREME COURT OF FLORIDA

THURSDAY, JULY 10,2008

CASE NO.: SC08-222 Lower Tribunal No(s).: 93-159-CF RICHARD HENYARD vs. STATE OF FLORIDA

Appellant(s) Appellee(s)

Appellant's Motion to Relinquish Jurisdiction to the Trial Court in Light of Baze v. Rees is hereby denied; however, in light of the scheduled execution of appellant on September 23, 2008, the trial court has jurisdiction to consider any successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851.

We further direct that all further proceedings in this case be expedited. Successive motions pending in the trial court, if any, shall be completed and orders entered by Friday, August 15, 2008.

We hereby modify the briefing schedule issued by this Court on May 12, 2008. The answer brief on the merits shall be filed by July 29, 2008; and reply brief on the merits shall be filed by August 18, 2008.

Oral argument, if deemed necessary, will be held September 12,2008.

Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order to the to the following e-mail address: warrant@flcourts.org.

QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur.

A True Copy Test:
Signature: Thomas D. Hall, Clerk of Court
Signature: Thomas D. Hall, Clerk of CourtSignature: Thomas D. Hall, Clerk of CourtSignature: Thomas D. Hall, Clerk of CourtSignature: Thomas D. Hall, Clerk of CourtSignature: Thomas D. Hall, Clerk of CourtSignature: Thomas D. Hall, Clerk of CourtSignature: Thomas D. Hall, Clerk of Court
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Served:
WILLIAM GROSS MARIA PERINETTI
MARK S. GRUBER STEPHEN D. AKE
HON. MARK J. HILL, JUDGE HON. NEIL KELLY, CLERK