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    Oral Argument Schedule & Briefs

    February 7-11 & 16, 2011

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

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    Florida Supreme Court Oral Arguments

    Monday, February 7, 2011

    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: Amendments to Rules of Criminal Proecedure

    SC09-1733

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

     

     

    9:00

    These proposed changes to court rules are intended to clarify when death row inmates may file belated appeals after unsuccessful challenges to their sentences. The proposed changes would also add time limits and sanctions in some circumstances and impose page limits and formatting requirements.

    Statewide impact

    In re: Amendments to Standard Jury Instructions in Criminal Cases

    SC10-113

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

    Approx. 9:30
    The Court revised the standard jury instruction for manslaughter and invited comments on the changes. Individual attorneys as well as the Supreme Court Committee on Standard Jury Instructions in Criminal Cases suggested various amendments to the Court's revisions.
    Statewide impact

    Christopher Johnson v. State of Florida

    SC09-1045

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

    Approx. 10:00
    Following his conviction, Mr. Johnson appealed to the Fourth District Court of Appeal. Citing a conflict of interest, the public defender's office filed a motion to withdraw from the case and to have it assigned to the state's Regional Conflict Counsel. The Regional Conflict Counsel objected but the 4th DCA granted the public defender's request. The Regional Conflict Counsel sought discretionary review by this Court.
    Broward County

    Charles Mapp v. State of Florida

    SC09-1838

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

    Approx. 10:40
    After Mr. Mapp pleaded no contest to various charges, including burglary and grand theft, he was sentenced as a habitual offender and ordered to pay restitution to three victims. He challenged his sentencing as a habitual offender and the order of restitution. The Second District Court of Appeal upheld both the sentence and the restitution order. This appeal followed.
    Polk County

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, February 8, 2011

    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: Yvonne Colodny

    SC10-1486

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

    9:00

    Circuit Judge Yvonne Colodny has been summoned before the Court to receive a public reprimand for ethical misconduct.

    Miami-Dade County

    Lazaro E. Sosa v. Safeway Premium Finance Co.

    SC09-1849

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

    Approx. 9:10
    Mr. Sosa filed a class-action lawsuit against Safeway, alleging it had overcharged him and other customers $20 in violation of the state law that governs finance contracts for car insurance policies. The trial court certified the class but the Third District Court of Appeal overturned that ruling. This appeal followed.
    Miami-Dade County

    Maria Cevallos v. Keri Ann Rideout

    SC09-2238

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

    Approx. 9:50
    Ms. Cevallos and Ms. Rideout were involved in a multi-car collision in which Ms. Cevallos rear-ended Ms. Rideout. Ms. Cevallos sued Ms. Rideout, alleging negligence. The trial court ruled in favor of Ms. Rideout and the Fourth District Court of Appeal upheld that ruling. This appeal followed.
    Palm Beach County

    Cornelius O. Baker v. State of Florida

    SC09-549

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

    Approx. 10:30

    Mr. Baker was convicted of the first-degree murder of Elizabeth Uptagrafft, who was kidnapped from her home and fatally shot in 2007. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This is Mr. Baker's direct appeal. He raises various issues.

    Flagler County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, February 9, 2011

    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

    Timothy A. Robinson v. State of Florida

    SC09-1860 | SC10-695

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

     

     

     

     

     

     

     

     

    9:00

    Mr. Robinson was convicted of, among other charges, the first-degree murders of four people. Derek Hill, Morris Douglas, Michael McCormick and Mildred Baker were stabbed, slashed and shot in 1988. The jury voted 6-6 to recommend that he be sentenced to life in prison but the trial court condemned him to death. This Court upheld the death sentence on direct appeal and Mr. Robinson filed a post-conviction challenge in trial court. It was rejected and this appeal followed. He raises various issues and has also filed a petition for writ of habeas corpus.

    Escambia County

    Delta Property Management v. Profile Investments, Inc.

    SC09-2075

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

     

     

     

     

     

     

     

     

     

    Approx. 9:40
    Delta and Profile are parties to a long-running dispute over ownership of a piece of commercial property. In the latest rulings, the trial court ruled in favor of Delta and the First District Court of Appeal overturned that decision, ruling for Profile. A central issue on appeal is whether Delta is entitled to the property based on decisions issued in 2006 by this Court and the U.S. Supreme Court regarding what steps county officials must take to notify owners when property is being sold because taxes on it have not been paid.
    Duval County

    Kevin Jerome Scott v. State of Florida

    SC09-1578

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

    Approx. 10:30

    Mr. Scott was convicted of the first-degree murder of Kristo Binjaku, who was fatally shot in 2007. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This is Mr. Scott's direct appeal. He raises various issues.

    Duval County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, February 10, 2011

    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

    Ricardo Davila v. State of Florida

    SC09-2177

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

     

    9:00

    Mr. Davila was sentenced to life in prison after being convicted of kidnapping as well as various counts of aggravated child abuse, child abuse and child neglect for his treatment of his 11-year-old son. He challenged his kidnapping convictions, arguing a parent of a child under the age of 13 cannot be convicted of kidnapping his own child if there is no court order limiting parental authority or custody. The trial court rejected that argument. The Third District Court of Appeal upheld the trial court but also noted conflict with the Second District Court of Appeal.

    Miami-Dade County

    Marbel Mendoza v. State of Florida

    SC09-774

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

    Approx. 9:40
    Mr. Mendoza was convicted of the first-degree murder of Conrado Calderon, who was fatally shot in 1992. The jury voted 7-5 to recommend a death sentence and the trial court condemned Mr. Mendoza. This Court upheld the sentence on direct appeal and Mr. Mendoza filed a post-conviction challenge in the trial court. On appeal from the denial of relief, this Court remanded for further proceedings. This appeal follows the trial court's denial of relief. Mr. Mendoza raises various issues.
    Miami-Dade County

    James Pendergast v. Sprint Nextel Corp.

    SC10-19

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

    Approx. 10:30
    Mr. Pendergast filed a lawsuit against Sprint, alleging he had been overcharged and challenging the class-action ban Sprint inserted into his cell-phone contract. A federal trial court granted Sprint's motion to compel arbitration and Mr. Pendergast appealed to the 11th U.S. District Court of Appeals. That federal court has asked this Court to rule on whether the ban is allowed under Florida law. The federal court has also asked this Court what types of analysis Florida courts must conduct to evaluate contract provisions that are challenged as unenforceable.
    South Florida

    Linda Crawford v. Jannie Barker

    SC09-1969

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

    Approx. 11:10
    Ms. Crawford and Ms. Barker both claimed they were entitled to the proceeds from Manuel Crawford's retirement fund following his death. Ms. Crawford was his ex-wife and Ms. Barker was his daughter and the personal representative of his estate. The trial court agreed with Ms. Crawford but the Third District Court of Appeal overturned that decision. This appeal followed.
    Miami-Dade County

     

     

     

    Florida Supreme Court Oral Arguments

    Friday, February 11, 2011

    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: Implementation of Privacy & Court Records Committee Recommendations

    SC08-2443

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

     

     

     8:30

    The Court considers recommendations submitted after a comprehensive review of court rules and forms. The review was ordered by the Court in an effort to minimize the introduction of unnecessary personal information into court records. The Committee on Access to Court Records submitted the proposed amendments based on recommendations from various Florida Bar rules committees. Examples of recommendations include using truncated forms of sensitive data, such as name initials of minors and the last four digits of certain identifying numbers.

    Statewide impact

    Susan Cohn v. The Grand Condominium Association

    SC10-430

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

    Approx. 9:10
    Ms. Cohn and The Grand Condominium Association are involved in a dispute over the condominium's method of electing its board of directors and the constitutionality of a state law dealing with the election of condominium officers. The trial court ruled the law was unconstitutional as applied in this case. The Third District Court of Appeal also found the law unconstitutional.
    Miami-Dade County

    Margaret P. Donovan v. Okaloosa County

    SC10-794

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

    Approx. 9:50
    Ms. Donovan and others challenged the validation of revenue bonds approved by Okaloosa County. The bonds were partially backed by assessments on their properties and were intended to finance two beach restoration projects. The trial court validated the bonds and this appeal followed.
    Okaloosa County

    Universal Insurance Co. v. Michael Warfel

    SC10-948

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

    Approx. 10:30
    Mr. Warfel filed a claim on his insurance policy for damage he alleged resulted from sinkhole activity. The trial court instructed the jury to presume a sinkhole report prepared by Universal was correct, and that evidence presented by Warfel was not. The jury concluded the damage was not caused by a sinkhole. On appeal, the Second District Court of Appeal reversed, awarding Warfel a new trial because the judge had incorrectly instructed the jury. This appeal followed.
    Pasco County

    Andrew Richard Lukehart v. State of Florida

    SC09-961 | SC09-1788

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

    Approx. 11:10
    Mr. Lukehart was convicted of the first-degree murder of 5-month-old Gabrielle Hanshaw, who was fatally injured in 1996. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Lukehart filed a post-conviction challenge in trial court. It was rejected and this appeal followed. He raises various issues.
    Duval County

     

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, February 16, 2011

    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

    Alfredo Moreno- Gonzalez v. State of Florida

    SC09-2163

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

    10:00

    Mr. Moreno-Gonzalez was charged with possession of more than 25 pounds of marijuana after police searched his home. He argued the search was unconstitutional, in part because the affidavit in support of the search warrant was not signed by the police officer who prepared it. The trial court agreed and ordered the evidence suppressed. The Third District Court of Appeal overturned that decision. This review followed.

    Miami-Dade County