[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
April 30-May 4, 2001

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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[ETCHING: SUPREME COURT OF FLORIDA]
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Florida Supreme Court Oral Arguments
Monday, April 30, 2001
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
Anthony Banks v. State of Florida

SC00-1161

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

9:00 Banks was the driver of a car in which another man planned a drug deal with a woman who turned out to be an undercover officer. Banks was arrested on drug-related charges and convicted based in part on the officer's statements about her conversation with the other man, over Bank's objection that this was hearsay. The Fourth District Court affirmed. Broward County
Muben-Lamar, L.P. v. Florida Dept. of Revenue

SC00-1111

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

Approx. 9:40 Muben-Lamar, a New Jersey limited partnership, paid more than $200,000 in Florida documentary stamp taxes on the transfers of three office buildings/shopping centers in Dade and Volusia Counties. It sought a refund of the tax on grounds the partnership was merely a vehicle by which the owners would manage the buildings and that Muben-Lamar offered nothing in consideration for them. The Department denied the refund, and the trial court and First District Court upheld this ruling.  Dade County

Volusia County

Burley Gilliam v. State of Florida

SC95,370& SC00-1438

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

Approx. 10:30 Gilliam was tried, convicted, and sentenced to death for the June 1982 murder of Joyce Marlowe. His sentence was affirmed on appeal. He now challenges its validity. Dade County

Florida Supreme Court Oral Arguments
Tuesday, May 1, 2001
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: Matthew E. McMillan

SC95,886& SC00-703

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

9:00 The Judicial Qualifications Commission has recommended that Judge McMillan be removed from office for alleged ethical breaches. This recommendation will be reviewed by the Court. Manatee County
Lucille Roberts v. Francisco Tejada, M.D.

SC00-1080

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

Approx. 9:40 Robert's husband died of liver cancer, allegedly after a physician negligently treated the disease. She brought suit, but the jury found against her. She then discovered that two of the jurors may have erroneously answered questions posed during pretrial questioning. On this basis, she asked for a new trial. The judge agreed with her, but the Third District Court reversed. Dade County
Amerace Corp. v. Gary E. Stallings

SC00-565

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

Approx. 10:30 Amerace manufactures devices called terminators that connect overhead power lines to underground lines. Stallings was injured when a terminator caused an arc allegedly due to its defective design. He sued, and the jury ruled in his favor, but the trial judge refused to award prejudgment interest. Both sides appealed, and the Second District affirmed the judgment but reversed on the prejudgment interest issue. Hillsborough County
Larry Mann v. Michael W. Moore

SC00-2602

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

Approx. 11:10 Mann was tried, convicted, and sentenced to death for the November 1980 murder of 10-year-old Elisa Nelson. His sentence was affirmed on appeal. He now challenges its validity. Pinellas County

Florida Supreme Court Oral Arguments
Wednesday, May 2, 2001
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
Jose Jimenez v. State of Florida

SC00-1436

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

9:00 Jimenez was tried, convicted, and sentenced to death for the October 1992 murder of Phyllis Minas. His sentence was affirmed on appeal. He now challenges its validity. Dade County
Darryl Moody v. State of Florida

SC94,435

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

Approx. 9:40 Moody was tried and convicted for the May 1994 murder of Scott Mitchell. The jury recommended the death penalty 9-to-3, which the trial judge imposed. Moody now appeals. Polk County
Oscar Ray Bolin v. State of Florida

SC95,775

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

Approx. 10:40 Bolin was tried and convicted for the November 1986 murder of Stephanie Collins. He was convicted based in part on the introduction of mitochondrial DNA evidence found on the victim. The jury recommended the death penalty 12-to-0, and the judge imposed it. Bolin appeals. Hillsborough County

Florida Supreme Court Oral Arguments
Thursday, May 3, 2001
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
Robert Rimmer v. State of Florida

SC95,318

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

9:00 Rimmer was tried and convicted for the May 1998 murders of Aaron Knight and Bradley Krause, Jr., during the robbery of an Audio Logic store in Wilton Manors. The jury recommended the death penalty 9-to-3 for each murder, and the trial judge imposed it. Rimmer appeals. Broward County
Miami-Dade County v. Victor Tony Jones

SC00-1427

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Approx. 10:00 Jones, an inmate under death sentence, obtained a court order appointing an expert to determine his competency in proceedings challenging his sentence. Later, his counsel asked the judge to order Miami-Dade County to pay for the expert costs. When the court did so, Miami-Dade objected, but the judge did not modify the order. Miami-Dade appeals. Dade County
City of North Lauderdale v. SMM Properties, Inc.

SC00-1555

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

Approx. 10:40 The City chose to fund its integrated Fire Rescue Division with a non-ad valorem special assessment. Several property owners within the City challenged the assessment on grounds it was merely a disguised and unconstitutional tax. The trial court upheld the assessment, but the Fourth District Court reversed. Broward County

Florida Supreme Court Oral Arguments
Friday, May 4, 2001
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
State of Florida v. Kevin Kinder

SC01-37

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

8:30 On Sept. 3, 1999, the State petitioned for the involuntary civil commitment of Kinder on grounds he was a sexually violent predator under the Jimmy Ryce Act. A hearing was set for Sept. 21, 1999, but it was canceled due to an approaching hurricane. Apparently through oversight, the hearing was not rescheduled until Oct. 18, 1999. Kinder argued he must be released from custody for failure to bring him to trial within the 30 days required by statute. The trial judge ruled for the State, but the Second District Court reversed. Hillsborough County
State of Florida v. Darren Jerome Goode

SC01-28

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

Approx. 9:40 On Oct. 28, 1999, the State petitioned for the involuntary civil commitment of Goode on grounds he was a sexually violent predator under the Jimmy Ryce Act. However, the first hearing was not held until Jan. 24, 2000. Goode moved to dismiss the petition on grounds his hearing had not been held within the 30 days required by statute, and the trial judge agreed. On appeal, the Second District Court immediately certified the case to the Supreme Court.  Hillsborough County
Mitchell Westerheide v. State of Florida

SC00-2124

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

Approx. 10:30 Westerheide was tried and convicted under the Jimmy Ryce Act and ordered involuntarily committed as a sexually violent predator. He argued that the Act is unconstitutional. The Fifth District Court affirmed and certified the case to the Supreme Court. Volusia County



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