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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    January 5-9 & 27, 2009

    Printer Friendly Oral Argument Schedule (PDF)

    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.

    Via Satellite: Check with Rick Potrikus WFSU Television (800) 322-WFSU for further satellite information, or see:

    http://wfsu.org/tv/satellite_services.html

    Some local cable systems in Florida usually carry our broadcasts live or tape-delayed.
    See the partial list of these systems.

    Watch us on the Web in RealVideo at http://wfsu.org/gavel2gavel/
    If you miss a live case, view it from our archive at http://wfsu.org/gavel2gavel/archives/index.html

    Names & phone numbers of attorneys in these cases are available in Acrobat format.

    Questions, comments? publicinformation@flcourts.org


    Florida Supreme Court Oral Arguments

    Monday, January 5, 2009

    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 cases scheduled

     

     

     

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, January 6, 2009

    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

    Inquiry Concerning a Judge: Michael E. Allen

    SC07-774

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

    9:00

    First District Court of Appeal Judge Michael E. Allen has been summoned before the Court to receive a public reprimand for ethical misconduct. (Justices Canady & Polston recused.)

    Leon County

     

    Escambia County Connection

    Florida Association of Professional Lobbyists v. Division of Legislative Information Services

    SC08-791

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

    Approx. 9:10

    A lawsuit by lobbyists and others alleged that a 2005 state law regulating lobbyists gives the Legislature the power to investigate and punish infractions of the law and thus violates the separation of powers provision in the Florida Constitution. The lawsuit also alleged the law was invalidly passed and infringes on this Court's exclusive authority to regulate the practice of law. A federal trial court upheld the law. The lobbyists appealed to the 11th U.S. Circuit Court of Appeals, which has asked this Court to determine if the law violates the Florida Constitution.

    Leon County

    Gerhard Hojan v. State of Florida

    SC05-1687

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

    Approx. 9:50

    Mr. Hojan was convicted of the first-degree murders of Christina De La Rosa and Willy Absolu, who were fatally shot during a restaurant robbery in 2002. The jury voted 9-3 to recommend death sentences for each murder and he was condemned. This is his direct appeal. He raises several issues.

    Broward County

    In re: Florida Bar Rules – Computer Access to Communications

    SC08-1181

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

    Approx. 10:50

    The Florida Bar is asking the Court to approve proposed changes to the rules regulating the way lawyers advertise using websites, e-mail and other computer-accessed advertisements. The recommendation concerning websites proposes a position in between full application of all lawyer advertising rules and no regulation. Under the Bar's proposal, a lawyer's homepage would have to comply with all substantive lawyer advertising regulations, while other portions of the website would only have to comply with some of the lawyer advertising requirements.

    Statewide impact

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, January 7, 2009

    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

    Joseph Smith v. State of Florida

    SC06-747

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

    Approx. 9:00

    A jury convicted Mr. Smith of the kidnapping, sexual battery and first-degree murder of 11-year-old Carlie Brucia, who was strangled in 2004. The jury voted 10-2 to recommend a death sentence and Mr. Smith was condemned. This is his direct appeal. He raises several issues.

    Sarasota County

    Mark Allen Geralds v. State of Florida

    SC06-761 | SC07-716

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

    9400

    Mr. Geralds was convicted of the first-degree murder of Tressa Pettibone, who was fatally beaten and stabbed during a home robbery in 1989. Mr. Geralds was condemned to death but the sentence was overturned on direct appeal and another sentencing hearing was ordered. In that hearing, the jury voted unanimously to recommend a death sentence and Mr. Geralds was again condemned. This Court upheld the death sentence on direct appeal and Mr. Geralds filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Geralds raises various issues.

    Bay County

    The Florida Bar v. Noah Daniel Liberman

    SC06-1874

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

    Approx. 10:40

    In this disciplinary case, The Florida Bar accuses Mr. Liberman of violating the ethical standards for attorneys. In circuit court, Mr. Liberman pled guilty to one first-degree felony count of drug trafficking. In the ethics case, Mr. Liberman and the Bar agreed to a three-year suspension from the practice of law. The judge assigned to the case as a referee recommended that sanction to this Court. However, the Supreme Court sent the case back to the referee, directing her to provide more details. The referee then held a hearing and following that hearing recommended disbarment. Mr. Liberman argues to this Court that the hearing was not fair and violated due process. He argues the disciplinary sanction should be a suspension of three years. The Florida Bar also supports a sanction of a three-year suspension.

    Miami-Dade County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, January 8, 2009

    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

    Inquiry Concerning a Judge: George W. Maxwell, III

    SC08-1285

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

    9:00

    The Supreme Court has ordered Judge Maxwell to appear for administration of a public reprimand for improper conduct.

    Brevard County

    Shaun Olmstead v. Federal Trade Commission

    SC08-1009

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

    Aprox. 9:10 The Federal Trade Commission accused Mr. Olmstead of running an advance-fee credit-card scam. The federal trial court agreed that he engaged in unfair and deceptive trade practices. The court ordered him to surrender his membership interest in several single-member limited-liability companies to satisfy the $10 million award. Mr. Olmstead appealed, arguing that Florida law did not allow a judgment creditor, like the FTC in this case, to seize a debtor's interest in a single-member limited-liability company. The 11th U.S. Circuit Court of Appeals has asked this Court to interpret Florida law. Statewide impact

    Kurt S. Browning v. Florida Hometown Democracy

    SC08-884

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

    Approx. 9:50

    Florida Hometown Democracy, a political group that sponsors citizen initiatives, challenged a 2007 state law that allowed voters to revoke their signatures on petitions collected in the citizen initiative process. The trial court upheld the constitutionality of the law but the First District Court of Appeal reversed that decision and found that the law violated the Florida Constitution by imposing an unnecessary regulation on the citizen initiative process. Mr. Browning, the Florida Secretary of State, appealed that decision to this Court.

    Statewide impact

    Eugene W. McWatters v. State of Florida

    SC07-51

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

    Approx. 10:30

    Mr. McWatters was convicted of the first-degree murder of Jackie Bradley, Christal Wiggins, and Carrie Caughey, who were strangled in 2004. The jury voted 9-3 to recommend a death sentence for the murder of Ms. Bradley and 10-2 to recommend death sentences for the murders of Ms. Wiggins and Ms. Caughey. Mr. McWatters was condemned. This is his direct appeal. He raises several issues.

    Martin County

    Jeremiah Martel Rodgers v. State of Florida

    SC07-1652

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

    Approx. 11:30

    Mr. Rodgers was convicted of the first-degree murder of Jennifer Robinson, who was fatally shot in 1998. He was condemned to death but this Court overturned the sentence and ordered a new penalty hearing. At the second penalty hearing, Mr. Rodgers waived his right to a jury recommendation. The judge sentenced Mr. Rodgers to death a second time. This is his direct appeal.

    Santa Rosa County

     

     

    Florida Supreme Court Oral Arguments

    Friday, January 9, 2009

    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 27, 2009

    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

    In re: Advisory Opinion to the Governor re: Commission of Elected Judge

    SC09-3

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

     9:00

    William S. Abramson was a member in good standing of The Florida Bar when he qualified to run for election as a circuit judge and when he won the election in 2008. Before he received his commission from the Governor, the Florida Supreme Court suspended his law license for 91 days starting January 2, 2009. To date, the Governor has not transmitted the commission to Abramson, who argues that he meets all constitutional requirements to be a judge. As a result, the Governor requested an advisory opinion as to his duties in this matter. The Florida Bar has filed a brief arguing that Abramson is not qualified to be a judge.

    Justice Jorge Labarga is recused.

    Palm Beach County