[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
January 6-10, 2003

The following summaries are drawn from briefs and lower court judgments. They are meant to provide a general idea of facts and issues presented in cases, and should not be considered official court documents. Facts and issues presented in these summaries should be checked for accuracy against records and briefs, available from the Court, which provide more specific information.

[ETCHING: SUPREME COURT OF FLORIDA]
Robert Craig Waters, Director of Public Information
(850) 414-7641



Florida Supreme Court Oral Arguments
Monday, January 6, 2003
Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.
Case Time Facts & Issues Place of Origin
No arguments scheduled

Florida Supreme Court Oral Arguments
Tuesday, January 7, 2003
Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case Time Facts & Issues Place of Origin
Inauguration Day

No cases scheduled

Florida Supreme Court Oral Arguments
Wednesday, January 8, 2003
Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case Time Facts & Issues Place of Origin
Gerald Lynn Bates v. State of Florida

SC02-1481

View briefs in Acrobat format by clicking the case number(s) here 

9:00 Bates was sentenced to life in prison for armed burglary and armed robbery. This was an enhanced habitual-offender sentence based in part on a drug conviction from 1990. Bates alleges that his attorney in the 1990 proceeding erroneously told him that this offense could not be used to enhance his sentences in future criminal cases, prompting him to plead guilty to the drug charge. He sought to overturn his 1990 conviction, but the First District Court declined to grant him relief. Duval County
Kenneth E. Lott v. State of Florida

SC02-112

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Approx. 9:40 Lott was tried, convicted, and sentenced to death for the March 1994 murder of Rose Conners. His sentence was affirmed on appeal. He now challenges its validity. Orange County
Richard McCoy v. State of Florida

SC01-2113

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Approx. 10:30 McCoy was charged with the June 2000 murder of Shervie Elliott at an ABC Liquor store in Jacksonville. After finding him guilty, the jury recommended the death penalty 7-to-5, and the trial judge imposed it. This is McCoy's direct appeal. Duval County

Florida Supreme Court Oral Arguments
Thursday, January 9, 2003
Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case Time Facts & Issues Place of Origin
State of Florida v. Roberto Ruiz

SC02-389 | SC02-524

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9:00 These two cases involve the effect a 2001 statute has on the Florida Supreme Court's 2000 opinion in Delgado v. State. The statute purports to retroactively overrule Delgado, which construed the definition of burglary found in Florida Statutes. The district court certified a question of great public importance as to whether this statute has legislatively overruled Delgado for crimes committed on or before July 1, 2001.  Dade County
State of Florida v. Thomas Knight

SC01-1415 | SC02-1106

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Approx. 9:40 Knight (now known as Askari Abdullah Muhammad) was tried, convicted, and sentenced for the October 1980 murder of Corrections Officer Richard James Burke. His sentence was affirmed on appeal. Later, Knight sought to overturn his conviction and sentence. The trial judge in this case ordered a new sentencing proceeding on grounds that the State suppressed evidence it should have given to Knight. Both the State and Knight appeal. Bradford County
Adam Davis v. State of Florida

SC00-313

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Approx. 10:30 Davis was charged with the June 1998 murder of Vicki Lyn Robinson. After finding him guilty, the jury recommended the death penalty 7-to-5, and the trial judge imposed it. This is Davis' direct appeal. Hillsborough County
Marvin Nettles v. State of Florida

SC02-1523

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Approx. 11:30 Nettles was sentenced to 66.4 months in prison for two counts of attempted lewd and lascivious conduct. His sentence was enhanced because of two separate statutes, one dealing with habitual felons and the other with prison releasee reoffenders. Later he filed a motion alleging that his sentence was illegal under recent opinions issued by the Second and Fifth District Courts, which concluded that defendants could not be sentenced under both statutes for the same offenses. The First District disagreed and affirmed the length of the sentence. The Supreme Court accepted the case to resolve the conflicting opinions of the lower courts. Escambia County

Florida Supreme Court Oral Arguments
Friday, January 10, 2003
Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case Time Facts & Issues Place of Origin
Brian P. Patchen v. Florida Dept. of Agriculture

SC02-1291

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8:30 The Patchens sued the State for damages after the Florida Department of Agriculture & Consumer Services destroyed their six large fruit-bearing citrus trees. This was done under a state policy of eradicating citrus canker by destroying any citrus trees found within 1,900 feet of an infected tree. Statewide, about 380,000 residential citrus trees have been destroyed under this policy during the recent canker outbreak. Both the trial court and the Third District Court found that the Patchens were not entitled to damages because their trees had no market value at the time they were destroyed.  Dade County
Humana Worker's Compensation Services v. Home Emergency Services

SC02-1206

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Approx. 9:10 Alberto Milian was injured when he fell from a collapsing ladder while working for Home Emergency Services. Later, the ladder disappeared, and Milian and his wife sued his employer for allegedly losing the evidence they intended to use in a lawsuit against the ladder's manufacturer and distributor. Home Emergency Services' workers compensation insurer, Humana, argued that it had no liability for this particular type of claim. The trial court agreed, and the Third District reversed.  Dade County
Howard S. Ault v. State of Florida

SC00-863

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Approx. 9:50 Ault was charged with the November 1996 murders of Deanne Mumin and Alicia Jones. After finding him guilty, the jury recommended the death penalty for both murders 9-to-3, and the trial judge imposed it. This is Ault's direct appeal. Broward County
Marshall Lee Gore v. State of Florida

SC01-1524 | SC02-684

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Approx. 10:50 Gore was tried, convicted, and sentenced to death for the 1988 murder of Susan Roark. His sentence was affirmed on appeal. He now challenges its validity. Columbia County



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