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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.
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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 |
| 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
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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 |
| Case |
Time |
Facts & Issues |
Place of Origin |
| State of Florida v. Roberto
Ruiz
SC02-389
| SC02-524
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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 |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Brian P. Patchen v. Florida
Dept. of Agriculture
SC02-1291
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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
View briefs in Acrobat
format by clicking the case number(s) here |
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 |