IN THE DISTRICT COURT OF APPEAL
OF THE STATE OF FLORIDA, IN AND
FOR THE FIFTH JUDICIAL DISTRICT

CASE NO.: 5D11-2588 5D11-3036

MARK SCHMIDTER, and
JULIAN HEICKLEN,
Appellants,

v.

STATE OF FLORIDA,

Appellee.

MOTION TO PERMIT SUPPLEMENTAL BRIEFING

    COMES NOW the Appellant(s), MARK E. SCHMIDTER and JULIAN P. HEICKLEN, by and through the undersigned attorney, to move to permit supplemental briefing on a specific issue before the Court. As grounds therefor, the Appellants state:

1.    This Court heard oral argument on December 4, 2012.

2.    Appellee, in its answer brief, conceded that the Orange County Courthouse is a traditional public forum for purposes of First Amendment analysis for this case, which is an appeal of a criminal conviction.


3.    The Appellant relied upon this concession not only in preparing for oral argument, but also in its litigation of this appeal. Prior to oral argument, there has been no dispute between the parties or indeed among anyone involved in this case that the Orange County Courthouse is a traditional public forum.


4.    Appellants have concurrently filed a motion to relinquish jurisdiction to develop additional record evidence for the Court’s consideration on this issue. Said motion is incorporated by reference.


5.    The Appellants respectfully request that, whether or not the motion to relinquish jurisdiction is granted, they be
permitted to file a supplemental brief on the specific issue of whether or not the Orange County Courthouse is a traditional public forum.

6.    The issue was not previously in contention, was raised by opposing counsel for the first time at oral argument, and also appears to be of significant concern to the Court based upon several of the questions presented to counsel for both parties at oral argument.


7.    It is in the interest of justice to permit additional briefing on this important point since the issue was not in contention prior to oral argument on December 4, 2012.


    WHEREFORE, the undersigned respectfully requests that the Court permit supplemental briefing on the issue described above.

CERTIFICATE OF GOOD FAITH

     I CERTIFY that the undersigned has conferred with counsel
for the opposing party and represents that s/he: TAKES NO POSITION as to the Court granting the relief requested herein.

Dated: December 6, 2012
E-Mail Service Addresses:
Primary: inbox@sudburylaw.net
Secondary: adam@sudburylaw.net


SUDBURY LAW, PL
424 E Central Blvd # 307
Orlando, FL 32801

T: (407) 395-4111
F: (407) 395-4023


By:/s/ ADAM H SUDBURY
ADAM H. SUDBURY
Florida Bar No. 783951

CERTIFICATE OF SERVICE

COURT: DISTRICT COURT OF APPEAL OF FLORIDA
DISTRICT: FIFTH JUDICIAL DISTRICT
COUNTY:  ON APPEAL FROM ORANGE COUNTY, FLORIDA

CASESTYLE: SCHMIDTER,etal.v.STATE
CASE NO.: 5D11-2588; 5D11-3036
DOCUMENT: MOTION TO PERMIT SUPPLEMENTAL BRIEFING

     I CERTIFY that a copy of the referenced document(s)
and of this certificate was furnished by E-MAIL to:

PARTY: JULIAN P. HEICKLEN
E-Mail: jph13@psu.edu
Mail:
36 Rachel Immenu #2, Jerusalem, Israel 93228
Fax: N/A

    I CERTIFY that a copy of the referenced document(s) and of this certificate was furnished to:

ATTORNEY:
WESLEY HEIDT, ESQUIRE   Wesley.Heidt@MyFloridaLegal.com 7
OFFICE: Office of the Attorney General
Primary: CrimAppDAB@MyFloridaLegal.com
Secondary: Wesley.Heidt@MyFloridaLegal.com
Fax:
(386) 238-4997

ATTORNEY: KRISTEN DAVENPORT, ESQUIRE  
OFFICE: Office of the Attorney General
Primary: crimappdab@myfloridalegal.com
Secondary:
Fax:
(386) 238-4997

DATE OF SERVICE: Thursday, December 06, 2012


METHOD:    YES E-MAIL    NO FACSIMILE     NO MAIL


BY: /s/ ADAM H SUDBURY
ADAM H. SUDBURY
Florida Bar No. 783951
 adam@sudburylaw.net