IN THE SUPREME COURT OF FLORIDA
JOHN RICHARD MAREK,
v. CASE NO. SC09-821
STATE OF FLORIDA, Appellee.
STATE'S NOTICE OF COMPLIANCE; REQUEST FOR BRIEFING SCHEDULES AND MOTION TO CONSOLIDATE SUCCESSIVE POSTCONVICTION MOTIONS
The State files this Notice of Compliancei Request For Briefing Schedules and Motion to Consolidate Successive Postconviction Motions and would show:
1. On Friday, June 19, 2009, the trial court, after evidentiary hearing held June 1-2, 2009, entered its Orders denying all postconviction review following this Court's May 21, 2009, Order, reversing and remanding for a new evidentiary hearing before another judge of the Seventeenth Judicial Circuit in the above styled cause. 2. The Orders entered resolved not only the pending successive motion filed on May I, 2009, but in a separate order, the trial court also determined, without further evidentiary
review, Marek's fourth postconviction motion filed June 12, 2009.
3. The State would submit that the May 21, 2009, remand order has been complied with and requests that a briefing schedule for appellate review be expedited to allow the matter to move forward since a stay of execution currently remains in place. Many of the legal issues have not changed and the factual matters were briefed in the written closing arguments of the parties.' Therefore, an expedited briefing schedule is in order. 4. The State would also request consolidation of Marek's "May I, 2009, third and, June 12, 2009, fourth successive motions for postconviction review", for briefing and oral
argument purposes since, they are inextricably intertwined regarding Marek's issues as to Judge Kaplan's and defense counsel's, Moldof's, representation of Marek.
In light of the special circumstances of this case and the expedited scheduling thus far imposed in the instant case, the State respectfully requests this Court grant the instant motions in toto.
BILL McCOLLUM ATTORNEY GENERAL
CAROLYN M. SNURKOWSKI ASSISTANT ATTORNEY GENERAL FLORIDA BAR NO. 158541 OFFICE OF THE ATTORNEY GENERAL PL-01, THE CAPITOL TALLAHASSEE, FL 32399-1050
(850) 414-3300 COUNSEL FOR PLAINTIFF
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing STATE'S NOTICE OF COMPLIANCE; REQUEST FOR BRIEFING SCHEDULES AND MOTION TO CONSOLIDATE SUCCESSIVE POSTCONVICTION MOTIONS has been furnished via e-mail to firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, CMcCann@sao17.state.fl.us, & email@example.com and via U.S. mail to Martin J. McClain, McClain & McDermott, PA, 141 NE 30th Street, Wilton Manors, FL 33334, this 22nd day of June, 2009.
Carolyn M. Snurkowski Attorney for Plaintiff