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Oral Argument Press Summaries
June 4-8, 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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Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, June 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 |
| Amendments to Rules Regulating
The Florida Bar: Membership Fees
SC01-391
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Florida Bar proposes
raising its annual membership fee from $190 to $265. |
Statewide impact |
| Amendments to Rules Regulating
The Florida Bar: Interest on Trust Accounts
SC01-851
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
The Florida Bar Foundation
and a number of attorneys petition the Court to change rules regulating
the Interest on Trust Accounts (IOTA) program to permit greater competition
in investments and increase IOTA revenues. |
Statewide impact |
| Maurice Lamar Floyd v.
State of Florida
SC95,824
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Floyd was charged with the
July 1998 murder of his mother-in-law, Mary Goss. He was tried and convicted
of murder, and the jury recommended the death penalty 11-to-1. The trial
court imposed it. This is Floyd's direct appeal. |
Putnam County |
| Gloria Pullen v. State
of Florida
SC00-1482
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
Pullen was involuntarily
committed under Florida's Baker Act on grounds she suffered a serious mental
illness. She sought her release, but a hearing officer rejected her arguments.
Pullen appealed, but her court-appointed attorney filed a briefing saying
he could find no error in the hearing officer's ruling. The First District
Court then dismissed the appeal. Pullen appeals on grounds she is entitled
to appellate review of her case. |
Santa Rosa County |
| Labrant D. Dennis v.
State of Florida
SC95,211
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 12:10 |
Dennis was charged with
the April 1996 murders of Timwanika Lumpkins and Marlin Barnes, a linebacker
with the University of Miami football team. He was tried and convicted
of murder, and the jury recommended the death penalty 11-to-1. The trial
court sentenced him to death. This is Dennis' direct appeal. |
Dade County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Ronald Cote v. State
of Florida
SC00-1327
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Cote, a juvenile, was sentenced
in adult court to community control. In error, the sentencing order said
he had been sentenced in juvenile court. When he later violated community
control, Cote was held in contempt by the juvenile court and sentenced
to juvenile detention. Later, the adult court sentenced him to a suspended
sentence, community control, and probation based on the same violation.
Cote appealed on grounds he had been sentenced in violation of the right
against double jeopardy, but the Second District affirmed, saying the juvenile
court acted without jurisdiction. |
Manatee County |
| Connie Ray Israel v.
State of Florida
SC95,873
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Israel was charged with
the December 1991 murder of Esther Hagans. He was tried and convicted,
and the jury recommended the death penalty 11-to-1. The trial judge agreed
and imposed it. This is Israel's direct appeal. |
Putnam County |
| Ruben Flores v. Allstate
Insurance Co.
SC00-2281
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:40 |
Flores filed claims with
Allstate arising from a traffic accident in which he was injured, but nearly
$200 worth of his claims under the personal injury category of the policy
proved to be fraudulent. Allstate discovered this and sought to admit evidence
of the fraud in the resulting lawsuit, which included claims under the
separate policy category for uninsured motorist coverage. The trial judge
permitted it and the jury found in favor of Allstate on all claims. Flores
appealed and the Second District Court affirmed, but certified a question
whether fraud in one category of insurance can be used to deny coverage
in a separate category of insurance. |
Hillsborough County |
| Juan David Rodriguez
v. State of Florida
SC00-99
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:20 |
Rodriguez was tried, convicted,
and sentenced to death for the May 1988 murder of Abelardo Saladrigas.
His sentence was upheld on appeal. He now challenges its validity. |
Dade County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Amendment to Florida
Rules of Criminal Procedure: DNA Testing
SC01-363
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Florida Bar petitions
the Court to create a new rule of criminal procedure dealing with postconviction
DNA testing for certain inmates. |
Statewide impact |
| Ernest Charles Downs
v. Michael Moore
SC00-2186
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Downs was tried, convicted,
and sentenced to death for the April 1977 murder of Forrest Jerry Harris,
Jr. His sentence was upheld on appeal. He now challenges its validity. |
Duval County |
| Paul H. Evans v. State
of Florida
SC96,404
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Evans was charged with the
March 1991 murder of Alan Pfeiffer, which had gone unsolved for many years.
The jury convicted Evans and recommended the death penalty 9-to-3, which
the judge imposed. Evans appeals. |
Indian River County |
| State of Florida v. Gregory
Mills
SC01-879
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
The Governor signed a warrant
for the execution of death-row inmate Gregory Mills, who was sentenced
to death in the murder of James Wright. Mills challenged his sentence in
the trial court, which vacated the death penalty based on newly discovered
evidence. The State appeals. |
Seminole County |
| Edward Ragsdale v. State
of Florida
SC00-414
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 12:10 |
Ragsdale was tried, convicted,
and sentenced to death for the January 1986 murder of Ernest Mace. His
sentence was upheld on appeal. He now challenges its validity. |
Pasco County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| William Reaves v. State
of Florida
SC00-840
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Reaves was tried, convicted,
and sentenced to death for the September 1986 murder of Deputy Sheriff
Richard Raczkoski. His sentence was upheld on appeal. He now challenges
its validity. |
Indian River County |
| City of Oldsmar v. State
of Florida
SC00-2695
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
The City and the state Department
of Transportation entered into an agreement to make road improvements on
State Road 584, with the City reimbursing DOT for certain expenses. The
City filed suit to determine whether this agreement violated a part of
the Florida Constitution requiring prior voter approval before certain
types of debt are incurred. The trial court found that it had no jurisdiction
and dismissed the case. The City appeals. |
Pinellas County |
| Guerry Wayne Hertz v.
State of Florida
SC00-457
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Hertz was charged with the
July 1997 murders of Melanie King and Robin Keith Spears. The jury convicted
him and recommended the death penalty 10-to-2 for each murder, which the
trial court imposed. He appeals. |
Wakulla County |
| Jason Brice Looney v.
State of Florida
SC00-458
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
Looney was charged with
the July 1997 murders of Melanie King and Robin Keith Spears (see above).
The jury convicted him and recommended the death penalty 10-to-2 for each
murder, which the trial court imposed. He appeals. |
Wakulla County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Ari Miller v. Gina Mendez
SC00-2096
View briefs in Acrobat
format by clicking the case number(s) here |
8:30 |
Miller filed suit against
Mendez seeking her removal from the ballot for a Miam-Dade County circuit
court judgeship on grounds she was not a resident of Miami-Dade County
on the day she filed her papers. The trial judge ruled in favor of Mendez,
saying she only had to be a resident of the county on the day she took
office. The Third District Court affirmed. |
Dade County |
| Leonardo Franqui v. State
of Florida
SC94,269
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:10 |
Franqui was charged with
the January 1992 murder of police Officer Steven Bauer. He was convicted,
and a jury recommended the death penalty 10-to-2, which the judge imposed.
He appeals. |
Dade County |
| Lawrence Scott Andrews
v. Florida Parole Commission
SC00-2333
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:50 |
By error, Andrews' date
of release from prison was improperly calculated so that he served more
than 11 months beyond the lawful sentence. He sued for false imprisonment.
The trial judge dismissed the suit, and the First District Court affirmed. |
Leon County |