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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    May 4-8 & 20, 2009

    Printer Friendly Oral Argument Schedule (PDF)

    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, or see:

    http://wfsu.org/tv/satellite_services.html

    Some local cable systems in Florida usually carry our broadcasts live or tape-delayed.
    See the partial list of these systems.

    Watch us on the Web in RealVideo 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, May 4, 2009

    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

    John Richard Marek v. State of Florida

    SC65,821 | SC09-765

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

     9:00

    Mr. Marek was convicted of the first-degree murder of Adella Marie Simmons, who was sexually assaulted and strangled in 1983. The jury voted 10-2 to recommend a death sentence and the trial court condemned Mr. Marek. This Court upheld the death sentence on direct appeal and denied his postconviction challenges. The state has scheduled his execution for May 13.

    Broward County

    Walter A. McNeil v. Edison Canty

    SC08-2369

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

    Approx. 9:40 Mr. Canty was convicted of 10 crimes in three different cases. He was sentenced to several concurrent 15-year sentences that were subject to conditional release. After almost a decade in prison, he was conditionally released. A few years later, he violated the terms of his conditional release supervision and was returned to prison. Officials calculated he would be eligible for release in seven years. Mr. Canty challenged that calculation, arguing it effectively added more than two years to his original sentence. The trial court denied his petition. Mr. Canty appealed to the First District Court of Appeal, which granted the petition. This review followed. Miami-Dade County

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, May 5, 2009

    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

    Herman Lindsey v. State of Florida

    SC07-1167

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

    9:00

    Mr. Lindsey was convicted of the first-degree murder of Joanne Mazollo, who was fatally shot during a pawn shop robbery in 1994. The jury voted 8-4 to recommend a death sentence and the trial court condemned Mr. Lindsey. This is his direct appeal. He raises various issues.

    Broward County

    Timothy Lee Hurst v. State of Florida

    SC07-1798

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

    Approx. 10:00

    Mr. Hurst was convicted of the first-degree murder of Cynthia Harrison, who was fatally stabbed and slashed during a restaurant robbery in 1998. The jury voted 11-1 to recommend a death sentence and the trial court condemned Mr. Hurst. This Court upheld the death sentence on direct appeal and Mr. Hurst filed a postconviction challenge in trial court. It was denied and this appeal followed.

    Escambia County

    In Re Amendments to Rules of Procedure – District Court of Appeal Performance & Accountability Recommendations

    SC08-1724

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

    Approx. 10:40

    The Commission on District Court of Appeal Performance and Accountability recommended changes in court rules intended to reduce delay in appeal cases dealing with juvenile dependency and termination of parental rights. Three committees on court rules - judicial administration, juvenile procedure and appellate procedure - studied the Commission's recommendations and have proposed specific rule changes to implement the Commission's goal.

    Statewide impact

    The Florida Bar v. Gerald John D’Ambrosio

    SC07-1369 | SC08-256

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

    Approx. 11:20 In these two cases, the Florida Bar alleges that Mr. D'Ambrosio flouted an order from this Court suspending him from the practice of law for one year and violated ethical standards for lawyers by practicing law in another state where he did not have a license. The trial judge assigned to hear the case as a referee concluded Mr. D'Ambrosio was guilty of these ethical violations and recommended he be disbarred. Palm Beach County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, May 6, 2009

    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: Clifford H. Barnes

    SC06-2119

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

    9:00

    County Court Judge Clifford H. Barnes has been summoned before the Court to receive a public reprimand for ethical misconduct.

    St. Lucie County

    Ronnie Ferrell v. State of Florida

    SC07-92 | SC07-1447

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

    Approx. 9:10 Mr. Ferrell was convicted of the first-degree murder of Gino Mayhew, who was fatally shot in 1991. The jury voted 7-5 to recommend a death sentence and Mr. Ferrell was condemned. This Court upheld the death sentence on direct appeal and Mr. Ferrell filed a postconviction challenge in trial court. The trial court vacated his death sentence but upheld his murder conviction. Both Mr. Ferrell and the state have appealed that decision. Duval County

    Louis R. Menendez, Jr. v. Progressive Express Insurance Co.

    SC08-789

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

    Approx. 9:50 Cathy Menendez was injured in an automobile accident. She later sued her insurer, alleging she had been denied benefits under her personal injury protection coverage. The trial court denied Progressive's renewed motion for summary judgment and granted Ms. Menendez's motion for partial summary judgment, ruling that she was not required to comply with a statutory presuit notice requirement. Progressive appealed the trial court's summary judgment ruling. The Third District Court of Appeal concluded that whether the statute applied involved a material disputed issue of fact. The 3rd DCA remanded the case back to the trial court to resolve the factual dispute. This appeal followed. Monroe County

    Howard Curd v. Mosaic Fertilizer, LLC

    SC08-1920

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

    Approx. 10:30 Mr. Curd, a commercial fisherman, sued Mosaic Fertilizer for economic damages after contaminated water from one of the company's storage ponds was released into Tampa Bay, killing fish and crabs. The trial court dismissed the class-action lawsuit and the Second District Court of Appeal upheld that ruling. This appeal followed. The 2nd DCA also asked this Court to rule whether commercial fishermen had any right, under either common law doctrine or Florida statute, to be compensated for damage to property they do not own. Hillsborough County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, May 7, 2009

    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

    Friday, May 8, 2009

    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

    Wednesday, May 20, 2009

    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

    John Richard Marek v. State of Florida

    SC09-821

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

    8:00

    Mr. Marek was convicted of the first-degree murder of Adella Marie Simmons, who was sexually assaulted and strangled in 1983. The jury voted 10-2 to recommend a death sentence and the trial court condemned Mr. Marek. This Court upheld the death sentence on direct appeal and denied his postconviction challenges. The state scheduled his execution for May 13; this Court issued a stay of execution on May 11.

    Broward County

    David Eugene Johnston v. State of Florida

    SC65525 | SC09-839

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

    Approx. 8:40 Mr. Johnston was convicted of the first-degree murder of 84-year-old Mary Hammond, who was fatally stabbed and strangled in her home in1983. The jury voted 8-4 to recommend a death sentence and the trial court condemned Mr. Johnston. This Court upheld the death sentence on direct appeal and denied his postconviction challenges. The state has scheduled his execution for May 27. Orange County

    Robert J. Pleus, Jr. v. Charles J. Crist, Jr.

    SC09-565

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

    Approx. 9:20 Senior Judge Pleus filed a petition for mandamus seeking to compel Gov. Crist to fill a vacancy on the Fifth District Court of Appeal. Judge Pleus resigned from the 5th DCA in January, nearly four months after informing the governor of his decision to leave the court. The Judicial Nominating Commission certified a list of nominees to the governor. However, the governor asked the JNC to consider other applicants so as to increase diversity on the court. The JNC recertified the same list of nominees; the governor has not appointed a new judge to fill the vacancy. East Central Florida