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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    August 31-September 4, 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, August 31, 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

    James Phillip Barnes v. State of Florida

    SC08-63

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

     9:00

    Mr. Barnes pled guilty to the first-degree murder of Patricia Miller, who was raped and fatally beaten in 1988. He waived his right to an advisory jury in his penalty hearing and the trial court sentenced him to death. This is his direct appeal. He raises various issues.

    Brevard County

    Michael Penzer v. Transportation Insurance Co.

    SC08-2068

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

    Approx. 10:00 In a class-action suit, Mr. Penzer sued Southeast Wireless for faxing unsolicited ads in violation of federal law. Southeast settled, stipulating to a $12 million judgment and assigning its right to seek insurance coverage from its insurer. Mr. Penzer sued the insurer to collect. The federal trial court ruled that Southeast's policy did not cover this claim. Mr. Penzer appealed to the 11th U.S. Circuit Court of Appeals, which asked this Court if, under Florida law, Southeast's policy provides coverage for blast-faxing in violation of federal law. South Florida

    Peter R. Genovese, M.D. v. Provident Life & Accident Insurance Co.

    SC06-2508

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

    Approx. 10:40 Dr. Genovese accused Provident of bad faith in handling his claim for disability benefits. He requested access to attorney-client communications between Provident and its lawyers. The trial court granted the request, but the Fourth District Court of Appeal quashed that ruling. The 4th DCA also certified the question of whether Provident had to turn over the communications as one of great public importance for this Court's review. Broward County

    Florida Birth-Related Neurological Injury Compensation Association v. Department of Administrative Hearings

    SC08-1317 | SC08-1318 | SC08-1319

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

    Approx. 11:10

    The Court considers a question certified by the Second District Court of Appeal concerning the notice requirements of a state law that provides a no-fault alternative to medical malpractice lawsuits when newborns suffer neurological injuries during birth. The 2nd DCA ruled that hospitals are shielded from lawsuits when physicians have notified patients of their decision to take part in the no-fault alternative. Mr. Kocher and others argue hospitals must independently notify patients of the no-fault alternative in order to be shielded.

    Justice Canady Recused

    Pinellas County

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, September 1, 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

    Blaine Ross v. State of Florida

    SC07-2368

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

    9:00

    Mr. Ross was convicted of the first-degree murders of his parents, Richard and Kathleen Ross, who were fatally bludgeoned in 2004 as they slept. The jury voted 8-4 to recommend the death penalty for both murders and the trial court condemned him. This is his direct appeal. He raises various issues.

    Manatee County

    Charles Grover Brant v. State of Florida

    SC07-2412

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

    Approx. 10:00

    Mr. Brant pled guilty to the first-degree murder of Sara Radfar, who was sexually assaulted and then strangled and suffocated in 2004. He waived his right to an advisory jury in his penalty hearing and the trial court condemned him. This is his direct appeal.

    Hillsborough County

    Joel Jardines v. State of Florida

    SC08-2101

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

    Approx. 11:00

    Mr. Jardines was charged with drug trafficking and grand theft. He sought to suppress the state's evidence, arguing the police obtained it unconstitutionally when they used a drug-detection dog to sniff his front door. The trial court agreed with him and found the sniff to be an unconstitutional search. However, the Third District Court of Appeal reversed the trial court. The 3rd DCA also certified conflict with a decision by the Fourth District Court of Appeal on whether a dog sniff constitutes a search.

    Miami-Dade County

    State of Florida v. Andrew Nelson

    SC08-2325

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

    Approx. 11:40

    Mr. Nelson was charged with delinquency but the state later decided to treat him as an adult and charged him with armed burglary, grand theft and carrying a concealed weapon. Mr. Nelson asked the trial court to dismiss the charges, arguing the state had missed the deadline for taking him to trial. The state argued Mr. Nelson had waived the speedy trial deadline. The trial court denied Mr. Nelson's motions. The Fourth District Court of Appeal overturned that ruling.

    Justice Pariente Recused

    Broward County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, September 2, 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

     In re: Amendments to Rules of Judicial Administration

    SC07-2050

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

    9:00

    The Court considers recommended changes to the rule that governs public access to judicial branch records. The goal is to develop a way to protect confidential information from release to the public so that records can be made available online. The proposals were developed by committees created by the Court to study privacy and court records. The Court also considers recommended changes to the rule that governs public access to judicial branch records. The scope of the proposals includes access to records of appellate courts and in criminal cases. One issue dealt with is the treatment of documents in cases that involve confidential informants.

    Statewide impact

    Rory Enrique Conde v. State of Florida

    SC06-1998

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

    Approx. 10:10 Mr. Conde was convicted of the first-degree murder of Rhonda Dunn, who was fatally strangled in 1995. The jury voted 9-3 to recommend that he be sentenced to death and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Conde filed a postconviction motion in the trial court. It was denied and this appeal followed. Miami-Dade County

    Victor Caraballo v. State of Florida

    SC07-1375

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

    Approx. 10:50 Mr. Caraballo was convicted of the first-degree murder of Ana Maria Angel, who was kidnapped, robbed, sexually assaulted and fatally shot in 2002. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises various issues. Miami-Dade County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, September 3, 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

    K.D.M. v. J.H.

    SC09-781

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

    9:00

    The Fifth District Court of Appeal vacated the adoption of a baby born in 2004, ruling that the trial court was wrong when it terminated the parental rights of J.H. The child's adoptive parents argue J.H. missed the deadline for challenging the adoption and that the 5th DCA did not have jurisdiction to consider his appeal.

    Orange County

    Paul William Scott v. State of Florida

    SC07-1734

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

    Approx. 9:40

    Mr. Scott was convicted of the first-degree murder of James Alessi, who was fatally beaten in 1978. The jury voted 7-5 to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Scott filed various postconviction challenges in trial court. They were all denied and those rulings were upheld. In this appeal, Mr. Scott raises various issues concerning DNA testing of evidence.

    Palm Beach County

    Darryl Brian Barwick v. State of Florida

    SC07-1831 | SC08-1377

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

    Approx. 10:30 Mr. Barwick was convicted of the first-degree murder of Rebecca Wendt, who was fatally stabbed in 1986. The jury voted unanimously to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Barwick filed a postconviction challenge in trial court. It was denied and this appeal followed. He raises several issues. Bay County

    Wagner Vaughn McLaughlin & Brennan v. Kennedy Law Group

    SC08-1525

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

    Approx. 11:10 Two law firms that represented brothers in a probate case are involved in a fee dispute. The three brothers, all adults, lost their parents in a car wreck. The Wagner firm represented two of the brothers and the Kennedy firm represented one. The brother represented by the Kennedy firm was also the personal representative of the estate. The probate judge and the Second District Court of Appeal both agreed that the fees were properly paid to the Kennedy firm under the fee provision of Florida's Wrongful Death Act. Hillsborough County

     

     

     

    Florida Supreme Court Oral Arguments

    Friday, September 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

    No cases scheduled