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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, April 5, 2010
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 |
St. Johns River Waters Management District v. Coy A.
Koontz
SC09-713
View briefs in Acrobat format by clicking the case number(s)
here
|
9:00 |
The Fifth District Court of Appeal has asked this Court whether property is
inversely condemned when a regulatory agency refuses to approve a permit for
development unless the landowner fulfills an unreasonable condition. The
question stems from a legal battle over wetlands owned by Mr. Koontz's father.
The trial court ruled that St. Johns had inversely condemned the property by
conditioning permit approval upon his agreement to mitigate the impact of his
development by making improvements to property located miles away. The 5th
DCA agreed. |
Orange County |
Juan Pantoja v. State of Florida
SC08-1879
View briefs in Acrobat format by clicking the case number(s)
here
|
Approx. 9:40 |
Mr. Pantoja was convicted of sexual battery of a child under the age of 12 and
lewd and lascivious molestation. He was sentenced to life in prison. On appeal,
he argued the trial court erred in refusing to allow evidence about a prior
accusation of molestation made by the child against another person. The First
District Court of Appeal disagreed. |
Gadsden County |
Renaldo Devon McGirth v. State of Florida
SC08-976
View briefs in Acrobat format by clicking the case number(s)
here
|
Approx. 10:30 |
Mr. McGirth was convicted of the first-degree murder of Diana Miller, who was
fatally shot in her home in July 2006. The jury voted 11-1 to recommend a death
sentence and the trial court condemned him. This is his direct appeal. He raises
various issues.
|
Marion County |
Florida Supreme Court Oral Arguments
Tuesday, April 6, 2010
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 |
William Frances Silvia v. State of Florida
SC09-220
View briefs in Acrobat format by clicking the case
number(s) here |
N/A |
Removed from calendar; transferred to September oral arguments |
Seminole County |
Willie F. Jones v. Florida Parole Commission
SC09-612
View briefs in Acrobat format by clicking the case
number(s) here
|
9:00 |
Mr. Jones was paroled from prison in 1982 after serving 14 years of a 99-year
sentence. In 1990, the Parole Commission revoked his parole after he was arrested
on a cocaine charge. Mr. Jones was never convicted of that charge and he
challenged the Commission's action with a habeas corpus motion in 2006. The
trial court denied his motion, ruling there was a one-year deadline for such a
challenge. The Fourth District Court of Appeal upheld the trial court's ruling but
certified a conflict with both the First and the Second District Courts of Appeal. |
Okeechobee County |
Charlene M. Bifulco v. Patient Business & Financial
Services, Inc.
SC09-172
View briefs in Acrobat format by clicking the case
number(s) here
|
Approx. 9:40 |
Ms. Bifulco sued her former employer, alleging she was fired in retaliation for
filing a workers' compensation claim and for reporting wrongdoing by a
supervisor. The trial court dismissed both claims. On the first claim, the court
ruled that Ms. Bifulco had not filed a pre-suit notice required by state law. On the
second claim, the court ruled that Patient Business & Financial Services was not
covered by Florida's private whistle-blower law because it was a subsidiary of a
hospital taxing authority. The Fifth District Court of Appeal reversed the trial
court on the workers' comp claim and upheld the trial court on the whistle-blower
claim. |
Volusia County |
Florida Supreme Court Oral Arguments
Wednesday, April 7, 2010
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: Angela Dempsey
SC09-1747
View briefs in Acrobat format by clicking the case
number(s) here
|
9:00 |
The Supreme Court has ordered Judge Dempsey to appear for administration of
a public reprimand for improper conduct.
Justice Canady is recused |
Leon County |
Miccosukee Tribe of Indians of Florida v. Southwest
Florida Waters Management District
SC09-1817 | SC09-1818
View briefs in Acrobat format by clicking the case
number(s) here
|
Approx.
9:10 |
The trial court validated a $650 million bond issue by the South Florida Water
Management District to acquire 73,000 acres of farmland south of Lake
Okeechobee. In this appeal, the Miccosukee Tribe and New Hope Sugar Co.
challenge the trial court's ruling. They argue, among other things, that the project
will benefit the private landowner selling the land and serves no public purpose.
The Water Management District argues it needs the land for Everglades restoration
and to protect the water needs of millions of people in South Florida. |
Palm Beach County |
Donald William Dufour v. State of Florida
SC09-262
View briefs in Acrobat format by clicking the case
number(s) here
|
Approx. 9:50 |
Mr. Dufour was convicted of the first-degree murder of Zack Miller, who was
fatally shot in 1982. The jury voted unanimously to recommend a death sentence
and he was condemned. In 2004, Mr. Dufour filed a motion in trial court arguing
he could not be executed because he was mentally retarded. The trial court denied
his motion, ruling he was not mentally retarded. This appeal followed. |
Orange County |
State of Florida v. Warren Stang
SC09-1409
View briefs in Acrobat format by clicking the case
number(s) here
|
Approx. 10:30 |
Mr. Stang pled guilty to 24 counts of racketeering, loan-broker fraud and
money-laundering. After his release from prison, he violated probation and was
sentenced to 27 years in prison. The judge granted him credit for 1,915 days of
time already served. In a post-conviction challenge, Mr. Stang argued the credit
should be multiplied to apply to each count. The state argued the credit was
properly applied once to the entire sentence. Mr. Stang lost his challenge in the
judicial circuit where he was sentenced. He also lost a habeas corpus petition in
the circuit where he was in prison but the Second District Court of Appeal
reversed that decision. |
Hardee County |
Florida Supreme Court Oral Arguments
Thursday, April 8, 2010
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 the Florida Rules of Appellate
Procedure
SC09-118
View briefs in Acrobat format by clicking the case
number(s) here
|
9:00 |
The Committee on Alternative Dispute Resolution Rules and Policy
recommends changes to the Florida Rules of Appellate Procedure and to the
Florida Rules of Certified and Court-Appointed Mediators to provide for
expanded use of mediation in civil cases on appeal. The proposed changes
cover procedural rules and training and certification standards for mediators.
|
Statewide impact |
State of Florida v. Lemuel E. Isaac
SC05-2047
View briefs in Acrobat format by clicking the case
number(s) here |
Approx. 9:30 |
Mr. Isaac was sentenced to 20 years in prison for convictions of robbery,
kidnapping, and burglary. His sentence was later vacated, and he was
resentenced. On appeal, he argued that the trial judge considered evidence the
jury did not and exceeded the maximum sentence allowed under the jury's
verdict. The First District Court of Appeal agreed, citing decisions by the U.S.
Supreme Court. In this appeal, the state argues those decisions do not apply
because they were issued after Mr. Isaac was originally sentenced. |
Leon County |
State of Florida v. Julius McGriff
SC07-436
View briefs in Acrobat format by clicking the case
number(s) here
|
Approx. 10:10 |
Mr. McGriff was convicted of second-degree murder with a firearm and
sentenced to life in prison. His sentence was later vacated, but on resentencing
he was again sentenced to life in prison. On appeal, he argued the trial judge
exceeded the maximum sentence allowed under the jury's verdict by relying on
evidence the jury did not consider. The First District Court of Appeal agreed,
citing decisions by the U.S. Supreme Court. In this appeal, the state argues
those decisions do not apply in Mr. McGriff's case.
|
Leon County |
State of Florida v. Christian Fleming
SC06-1173
View briefs in Acrobat format by clicking the case
number(s) here
|
Approx. 10:50 |
Mr. Fleming was sentenced to 25 years in prison for convictions of aggravated
battery, shooting into a dwelling, and false imprisonment. His sentences were
later vacated, and on resentencing he was sentenced to 20 years in prison. He
argued the trial judge based his sentence on evidence the jury did not consider
and exceeded the maximum sentence allowed under the jury's verdict. The First
District Court of Appeal agreed, citing decisions by the U.S. Supreme Court. In
this appeal, the state argues those decisions do not apply in Mr. Fleming's case.
Justice Polston is recused |
Leon County |
Florida Supreme Court Oral Arguments
Friday, April 9, 2010
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 |
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Florida Supreme Court Oral Arguments
Wednesday, April 21, 2010
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 |
Howard Ault v. State of Florida
SC07-2130
View briefs in Acrobat format by clicking the case
number(s) here |
10:00 |
Mr. Ault was convicted of and condemned to death for the first-degree murders
of two sisters, ages 11 and 7, who were fatally strangled in 1996. On direct
appeal, this Court upheld the convictions but found that a new sentencing
hearing was required. At the second sentencing hearing, the jury voted 9-3 to
recommend death for the murder of the older sister and 10-2 to recommend
death for the murder of the younger sister. The trial court condemned Mr. Ault
to death for both murders. This is his direct appeal of his resentencing. He
raises various issues. |
Broward County |
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