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    Oral Argument Schedule & Briefs

    March 5 to 9, 2012

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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.

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

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    See the partial list of these systems.

    Watch us on the Web in Flash video 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, March 5, 2012

    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, March 6, 2012

    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

    Eric Kurt Patrick v. State of Florida

    SC09-2016

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

     

    9:00

    Mr. Patrick was convicted of the first-degree murder of Steven Schumacher, who was fatally beaten and strangled in 2005. The jury voted 7-5 to recommend a death sentence and the trial court condemned Mr. Patrick to death. This is his direct appeal. He raises various issues.

    Broward County

    David Devon Blackmon v. State of Florida

    SC11-903

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

    Approx. 10:00
    Mr. Blackmon was convicted of petit theft and dealing in stolen property of the same property and sentenced to five years in prison. On appeal, he argued he should be given a new trial because he could not be convicted of both charges. The state argued the error could be fixed by dropping the conviction for the lesser offense. The First District Court of Appeal ordered that Mr. Blackmon's petit theft conviction be dropped. The 1st DCA also certified conflict with a decision from another District Court of Appeal.
    Escambia County

    Melvin D. Williams v. State of Florida

    SC11-1543

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

    Approx. 10:40
    Mr. Williams was convicted of various charges, including grand theft and dealing in stolen property. The trial court dropped the grand theft conviction, and sentenced him to 20 years in prison. On appeal, he argued he should be given a new trial because the jury was not properly instructed on grand theft and dealing in stolen property. The Second District Court of Appeal upheld the trial court, recognized conflict with a decision from another District Court of Appeal, and certified to this Court related legal questions as being of great public importance.

    Hillsborough County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, March 7, 2012

    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 Florida Rules ov Civil Procedure – Electronic Discovery

    SC11-1542

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

     

     

    9:00

    The Florida Bar's Civil Procedure Rules Committee has proposed changes to various rules covering civil cases to deal with the issue of discovery of information that is stored electronically on computers, e-mail, hand-held devices and various forms of electronic documentation.

    Statewide impact

    Joshua Leee Altersberger v. State of Florida

    SC09-1426

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

    Approx. 9:30
    Mr. Altersberger pled guilty to the first-degree murder of Nicholas Sottile, a sergeant in the Florida Highway Patrol who was fatally shot during a traffic stop in 2007. At the penalty hearing, the jury voted 9-3 to recommend a death sentence and the trial court condemned Mr. Altersberger to death. This is his direct appeal. He raises various issues.
    Highlands County

    Diamond Aircraft Industries v. Alan Horowitch

    SC11-1371

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

    Approx. 10:30
    Mr. Horowitch, an Arizona resident, sued Diamond, a Canadian corporation, alleging breach of contract and deceptive and unfair trade practices under Florida state law. A federal trial court ruled Mr. Horowitch could not sue Diamond under Florida's Deceptive and Unfair Trade Practices Act but could do so under a similar Arizona law. After prevailing on that count, Diamond sought attorney fees and costs under Florida law. The court denied that motion and Diamond appealed to the 11th U.S. Circuit Court of Appeals, which has asked this Court to answer several questions about Florida law.
    Central Florida

     

     

    Florida Supreme Court Oral Arguments

    Thursday, March 8, 2012

    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

    Leo Louis Kacsmar III v. State of Florida

    SC10-2269

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

     

     

     

    9:00

    Mr. Kaczmar was convicted of the first-degree murder of Maria Ruiz, who was fatally stabbed in 2008. The jury voted 11-1 to recommend a death sentence and the trial court condemned Mr. Kaczmar to death. This is his direct appeal. He raises various issues.

    Clay County

    Eric Simmons v. State of Florida

    SC10-2035 | SC11-1353

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

    Approx. 10:00
    Mr. Simmons was convicted of the first-degree murder of Deborah Tressler, who was kidnapped, sexually assaulted, stabbed and fatally beaten in 2001. The jury voted unanimously to recommend a death sentence and the trial court condemned Mr. Simmons. This Court upheld his conviction and death sentence on direct appeal. Mr. Simmons filed a postconviction challenge in the trial court. His claims were denied and this appeal followed.
    Lake County

    State of Florida v. Gregory G. Geiss

    SC11-1512

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

     

     

    Approx. 10:40
    Mr. Geiss was charged with felony driving under the influence and driving with a suspended or revoked license. He filed a motion to suppress the results of his blood test, which the trial court granted. The state appealed and the Fifth District Court of Appeal ruled that the blood draw was constitutional but that state law did not allow for the warrant in a misdemeanor case. The 5th DCA also asked this Court to rule whether state law allows law enforcement officers to get warrants for blood draws in misdemeanor cases involving drunken driving allegations.
    Broward County

     

     

    Florida Supreme Court Oral Arguments

    Friday, March 9, 2012

    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