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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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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 |
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