Oral Argument Schedule & Briefs

Case

 Time

Facts & Issues

Place of Origin

Advisory Opinion to the Attorney General: Local Government Comprehensive Land Use Plans

SC06-161

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9:00

A citizens' initiative that proposes a constitutional amendment for a future ballot is before the Court, which will review it to see if it deals with a single subject only and is fairly summarized for voters. The amendment would require voter approval of any changes to local government comprehensive land use plans or any new plans.

Statewide impact

William Reaves v. State of Florida

SC04-891

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Approx. 9:40

Mr. Reaves was convicted of the murder of Deputy Sheriff Richard Raczkoski, who was fatally shot in September 1986 outside a convenience store near Vero Beach. The jury voted 10-2 to recommend that he be sentenced to death and the trial judge condemned him. The conviction and sentence were upheld on direct appeal to this court. The trial court rejected Mr. Reaves' first post-conviction appeal and this appeal challenges that decision.

Indian River County

State of Florida v. Owran Green

SC05-687

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Approx. 10:30

Mr. Green is seeking to vacate his no contest plea to a misdemeanor assault and battery charge, arguing he was not told the plea could lead to deportation. The trial court denied his motion, but the 4th District Court of Appeal overturned that decision and told the trial court to take evidence in the case. The state appealed, arguing that the 4th DCA ruling conflicts with other decisions by the 3rd District Court of Appeal on what a defendant must allege to show he or she has been threatened with deportation.

Broward County

The Florida Bar v. Mark Stephen Gold

SC04-1661

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Approx. 11:10

The Florida Bar is asking the Court to find Mr. Gold in violation of several Bar rules concerning lawyer advertising. The referee in the case recommends dismissing the charges against Mr. Gold, who founded a law firm called "The Ticket Clinic" that handles cases throughout Florida.

Miami-Dade County

Broward County

Orange County

Martin Bakerman v. The Bombay Co.

SC05-358

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Approx. 11:40

Mr. Bakerman was injured at work when he fell from a ladder. He sued The Bombay Company, arguing his employer was not shielded from lawsuit under the state's workers compensation law because the ladder was in such poor condition that it was inevitable someone was going to be hurt, resulting in an intentional tort. The trial court agreed. Mr. Bakerman was awarded $118,228 in damages. On appeal to the 3rd District Court of Appeal, Bombay argued it was shielded by the workers compensation law. The 3rd DCA agreed with Bombay. Mr. Bakerman has appealed to this court, citing conflict with rulings by other District Courts of Appeal in similar cases.

Miami-Dade County

Case

 Time

Facts & Issues

Place of Origin

Inquiry Concerning a Judge: John Renke III

SC03-1846

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9:00

The Judicial Qualifications Commission has recommended that Circuit Judge John Renke III be publicly reprimanded by the Supreme Court for ethical violations, be required to pay a fine of $40,000, and be required to pay the costs of the proceedings against him. The recommendation is before the Court to determine whether it will approve or reject it

Pasco County

Anthony John Ponticelli v. State of Florida

SC03-17 | SC03-1858

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Approx. 9:40

Mr. Ponticelli was convicted of first-degree murder for the 1987 shooting deaths of Nicholas and Ralph Grandinetti. The jury voted 9-3 to recommend a death sentence, and the trial court sentenced him to death. This Court upheld the verdicts and sentences on direct appeal. Ponticelli now appeals a trial court's order denying his motion for postconviction relief and petitions this Court for writ of habeas corpus

Marion County

The Florida Bar v. Andrew James O'Connor

SC03-1738

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Approx. 10:30

Mr. O'Connor is challenging a recommendation by a referee that he has violated Bar rules concerning truthfulness and that he be disbarred. He argues he unintentionally committed a technical violation of Bar rules. The Bar argues that the referee correctly found that Mr. O'Connor sought to deceive the Supreme Court of New Mexico, where he had applied for a limited license to practice law.

Leon County

The Florida Bar v. Kayo Elwood Morgan

SC04-1438

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Approx. 11:00

Mr. Morgan is challenging a recommendation by a referee that he should be disciplined with a 91-day suspension from the practice of law for violating Florida Bar rules concerning conduct toward the judiciary. The disputed conduct consisted of exchanges with a judge during a criminal trial.

Broward County

Case

 Time

Facts & Issues

Place of Origin

Eric Scott Branch v. State of Florida

SC05-433 | SC05-1558

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9:00

Mr. Branch was convicted of the January 1993 murder of Susan Morris, a college student who was abducted, raped, beaten and strangled after leaving an evening class. The jury voted 10-2 to recommend a death sentence and he was condemned. His conviction and sentence were upheld by this court on direct appeal. The trial court rejected his first post-conviction appeal and in this appeal he challenges that ruling.

Escambia County

Noel Thomas Patton v. Kera Technology, Inc.

SC05-667

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Approx. 9:40

Mr. Patton and other plaintiffs sued Kera Technology and other defendants in late 1998 after a proposed business deal fell apart. Eventually, the lawsuit was dismissed by the judge because of lack of activity in the case. The 5th District Court of Appeal upheld that ruling. The plaintiffs argue there was enough activity to allow the lawsuit to move ahead. They also say the failings of their lead attorney, who was later disbarred, should be taken into account. The defendants argue that the lower courts properly followed the procedural rules and past rulings.

Orange County

State of Florida v. Jeffrey Scott Ratner

SC05-1007 | SC05-1009

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Approx. 10:30

The state is challenging rulings by lower courts that prevented prosecutors from using the out-of-court statement of an available witness, an injured woman who told a police officer her husband beat her up but later recanted. A trial judge agreed with the defendant, Mr. Ratner, that the woman's statement was barred by a 2004 ruling by the U.S. Supreme Court in a case out of the state of Washington. The ruling by the nation's high court tightened the limits on the use of prior statements because of Sixth Amendment rights of defendants to confront accusers. In this case, the 4th District Court of Appeal decided it did not have jurisdiction over a direct appeal by the state of a non-final county court order prohibiting use of the hearsay statement that the county court had certified to be of great public importance.

Palm Beach County

The Florida Bar v. Gerald John D'Ambrosio

SC04-922

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Approx. 11:10

The Florida Bar alleged that Mr. D'Ambrosio violated various rules regulating attorneys. A referee concluded he had and recommended that he be disbarred. Mr. D'Ambrosio challenges the referee's findings and recommended discipline.

Palm Beach County

Case

 Time

Facts & Issues

Place of Origin

No cases scheduled

Case

 Time

Facts & Issues

Place of Origin

No cases scheduled 

Case

 Time

Facts & Issues

Place of Origin

Tristan Hilton v. State of Florida

SC05-438

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10:00

The 2nd District Court of Appeal has asked the Florida Supreme Court whether a police officer may constitutionally stop and search a motorist based on a cracked windshield before determining whether the crack is a dangerous condition. Police stopped Mr. Hilton in Clearwater only because of a small crack in his windshield. However, after they asked him to get out of the car they could smell marijuana and found the drug hidden on him. Mr. Hilton asked that evidence be suppressed but the trial court refused. The 2nd DCA ruled that Hilton's conviction had to be overturned. But on rehearing the court reversed itself, upheld the verdict and certified the question to this court.

Note: This case is also being used as the case study for the Justice Teaching Institute, the Court's annual program to train teachers in teaching about the law.

Pinellas County