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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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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.
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