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Oral Argument Press Summaries
August 30 to September 3, 2004
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]](press1.gif)
Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, August 30, 2004
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 Williams v. State
of Florida
SC03-1660
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In this case the Fifth District
certified the following question to the Court as one of great public importance:
Are the Anders procedures applicable to criminal cases to be followed in
cases involving appeals from Jimmy Ryce Act Commitment Orders? |
Orange County |
| Donny Lee Crook v. State
of Florida
SC03-455
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
A jury found Donny Crook
guilty of first degree murder and recommended by a 7-to-5 vote that he
be sentenced to death. The trial court sentenced Crook to death, but this
Court remanded the case back to the trial court for reconsideration of
some of the mitigating factors in the case. The trial court resentenced
Crook to death. Crook now appeals his death sentence after the resentencing. |
Highlands County |
| David Snelgrove v. State
of Florida
SC02-2242
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
David Snelgrove was convicted
of two counts of first-degree murder, one count of armed robbery with a
deadly weapon, and one count of burglary of a dwelling with battery, in
connection with the deaths of Glyn and Vivian Fowler in June 2000. He now
appeals his convictions and death sentences. |
Flagler County |
| Florida Dept. of Revenue
v. Joseph C. Howard
SC03-2270
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
This is an appeal from a
decision of the First District Court finding a property tax statute unconstitutional. |
Leon County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Jeb Bush v. Michael Schiavo
SC04-925
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In February 1990, Terri
Schiavo experienced a cardiac arrest that led to severe brain damage. Her
husband Michael Schiavo was appointed her guardian and later sought a court
order to discontinue life-prolonging procedures, which he obtained. After
much post-trial litigation, the life-prolonging procedures were removed
in October 2003. Nearly a week later the Legislature passed a law letting
the Governor issue a one-time stay to prevent the withholding of life support
for people in similar situations. He issued a stay for Terri Schaivo. Michael
Schiavo sued. The trial court held the law unconstitutional, and the Second
District certified the case to the Supreme Court.
Special procedures apply
to attendance & media coverage of this case. See
http://www.flcourts.org/pubinfo/schiavo/ |
Pinellas County |
| Global Travel Marketing,
Inc. v. Mark P. Shea
SC03-1704
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
During an African safari
with his mother, an 11-year-old child was killed by hyenas. The father
sued the travel company on behalf of the child's estate. The trial court
granted a motion to compel arbitration of the claim pursuant to a provision
of the travel contract. The Fourth District reversed and certified this
question of great public importance: Whether a parent's agreement in a
commercial travel contract to binding arbitration on behalf of a minor
child with respect to prospective tort claims arising in the course of
such travel is enforceable as to the minor. |
Broward County |
| Sandra Malu v. Security
National Insurance Co.; Lazaro Padilla v. Liberty Mutual Insurance Co.
SC03-1327
|
SC03-1432
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Malu and Padilla filed separate
suits claiming that the mileage reimbursement rate offered to them by their
auto insurers was not reasonable. The trial courts held that the reimbursement
amount was reasonable as a matter of law. The Third and Fourth District
Courts affirmed the trial court orders on the basis that the statute does
not provide for reimbursement of mileage expenses. This holding is in conflict
with a 1986 decision from the Fifth District Court of Appeal. |
Broward County |
| Jermaine Foster v. State
of Florida
SC03-1331
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Foster was convicted and
sentenced to death for a November 28th, 1993 double murder of Anthony Clifton
and Anthony Faiella. In his 1996 direct appeal to this Court his sentenced
was affirmed. This is Foster's initial 3.850 appeal to this Court after
the denial of his 3.850 claims by the postconviction court. |
Osceola County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Frank A. Walls v. State
of Florida
SC03-633
|
SC03-1955
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Walls was convicted of first-degree
murder and sentenced to death for the 1987 murder of Ann Peterson. In his
1994 direct appeal, this Court affirmed both the judgment and the sentence.
This is Walls' initial 3.850 appeal after the circuit court denied him
postconviction relief on various claims of ineffective assistance of trial
counsel. Walls has also filed a petition for writ of habeas corpus, raising
claims that appellate counsel was ineffective and Ring v. Arizona claims. |
Okaloosa County |
| James Delano Winkles
v. State of Florida
SC03-935
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Having pled guilty to two
counts of first-degree murder and having waived a penalty-phase jury, Winkles
in this appeal raises two issues challenging the constitutionality of his
death sentence. He argues that under Ring v. Arizona, a jury must
find the aggravating circumstances in the penalty phase and that aggravating
factors must be charged in the indictment. |
Pinellas County |
| Vincent P. Cravero v.
LLP Mortgage Ltd.
SC03-1671
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:40 |
In 1995, the Petitioners
defaulted on their mortgage, and the U.S. Small Business Administration
accelerated their debt. In 2001, the SBA assigned this mortgage to LLP
Mortgage Ltd. The five-year statute of limitations had already run on LPP's
claim. The question presented is whether LLP, as the SBA's assignee, inherited
the government's immunity from Florida's statute of limitations. |
Broward County |
| William C. Bulgin v.
State of Florida; Kinjal H. Patel v. State of Florida; Brandon P. Pelky
v. State of Florida
SC03-2214
|
SC03-2215 | SC03-2217
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:20 |
The defendants were discharged
from criminal charges after they successfully argued that their speedy
trial rights were violated. The First District Court of Appeal reversed
the trial courts' decisions, finding that the delay in holding trial was
attributable to the defendants and therefore an exception to the speedy
trial rule applied. The defendants now appeal to this Court, claiming that
the First District's decision conflicts with a decision from the Fifth
District Court of Appeal. |
Leon County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Melvin Trotter v. State
of Florida
SC03-735
|
SC03-1967
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Canceled
due to Hurricane Frances |
Manatee County |
| Walter Goldberg v. Florida
Power & Light Co.
SC03-1942
View briefs in Acrobat
format by clicking the case number(s) here |
|
Canceled
due to Hurricane Frances |
Dade County |
| Crescent Miami Center,
LLC v. Florida Dept. of Revenue
SC03-2063
View briefs in Acrobat
format by clicking the case number(s) here |
|
Canceled
due to Hurricane Frances |
Dade County |
| Amendments to Florida
Rules of Workers' Compensation Procedure
SC04-110
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In this case, the Court
will review proposed amendments to the Florida Rules of Workers' Compensation
Procedure. |
Statewide impact |