[SUPREME COURT OF FLORIDA]
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]
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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

Florida Supreme Court Oral Arguments
Tuesday, August 31, 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
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

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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

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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

Florida Supreme Court Oral Arguments
Wednesday, September 1, 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
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

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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

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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

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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

Florida Supreme Court Oral Arguments
Thursday, September 2, 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
Melvin Trotter v. State of Florida

SC03-735 | SC03-1967

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9:00 Canceled due to Hurricane Frances Manatee County
Walter Goldberg v. Florida Power & Light Co.

SC03-1942

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Canceled due to Hurricane Frances Dade County
Crescent Miami Center, LLC v. Florida Dept. of Revenue

SC03-2063

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Canceled due to Hurricane Frances Dade County
Amendments to Florida Rules of Workers' Compensation Procedure

SC04-110

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 9:00 In this case, the Court will review proposed amendments to the Florida Rules of Workers' Compensation Procedure. Statewide impact

Florida Supreme Court Oral Arguments
Friday, September 3, 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
Amendments to the Rules of Judicial Administration

SC04-135

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Canceled due to Hurricane Frances Statewide impact
State of Florida v. Adam Sousa

SC03-2128

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Canceled due to Hurricane Frances Lee County
Darrick T. Adaway v. State of Florida

SC04-239

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Canceled due to Hurricane Frances Dade County
Alfonso Green v. State of Florida

SC02-2315

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Canceled due to Hurricane Frances Hillsborough County


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