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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    September 16 - 20, 2013

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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.

    Via Satellite: Check with Rick Potrikus WFSU Television (800) 322-WFSU for further satellite information.

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    Watch us on the Web in Flash video or view archived arguments online at http://wfsu.org/gavel2gavel/.

    Since 1997 the Florida Supreme Court has worked with WFSU-TV to televise, record and archive oral argument proceedings.

    Names & phone numbers of attorneys in these cases are available.

    Questions, comments? publicinformation@flcourts.org


     

    Florida Supreme Court Oral Arguments
    MONDAY, SEPTEMBER 16, 2013

    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

    The League of Women Voters of Florida, et al., v The Florida House of Representatives, et al.

    and

    Rene Romo, et al., v The Florida House of Representatives, et al.

    SC13-949 & SC13-951

    9:00

    These cases involve a dispute over whether legislators and legislative staff can be forced to answer questions and turn over certain documents about the congressional redistricting process. The Legislature argued that legislative privilege shielded them from discovery. The circuit court rejected that in part. The First District Court of Appeal held that legislative privilege does shield legislators and their staff from discovery. The League of Women Voters and the other petitioners asked this Court to review that decision.

    Leon County

    Debra Lafave v
    State of Florida

    SC12-2232

     

    Approx.
    9:40

    Ms. Lafave pled guilty to two counts of lewd and lascivious battery on a person older than 12 but less than 16 years of age. She was sentenced to community control followed by probation and, in a plea agreement, stipulated that the probation portion could not be terminated early. Later, the trial court granted Ms. Lafave’s motion for early termination of probation. The state filed a petition for writ of certiorari to the Second District Court of Appeal, which ordered the circuit court to reinstate the probation sentence but also certified a question of great public importance for this Court’s review.

    Hillsborough County

    The Florida Bar v
    Lanell Williams-Yulee

    SC11-265

    Approx.
    10:30

    In this disciplinary case, The Florida Bar accuses Lanell Williams-Yulee of violating ethical rules for attorneys, based in part on allegedly violating a provision in the Judicial Code of Conduct that prohibits judicial candidates from personally soliciting campaign contributions. The referee assigned to the case concluded Ms. Williams-Yulee was guilty of some of the ethical violations alleged by The Bar. She challenges that conclusion and also the constitutionality of the rule covering judicial campaign fundraising.

    Hillsborough County

    State of Florida and Department of Juvenile Justice v S.M., a child

    SC12-1405

    Approx.
    11:10

    S.M., a juvenile, was charged with violation of probation for a misdemeanor offense and was placed on home detention. S.M. filed an emergency petition to the Fourth District Court of Appeal arguing that the trial court lacked the authority to impose home detention in this case. The district court agreed. The state asked this Court to review the decision.

    Justice Pariente is recused.

     

    Florida Supreme Court Oral Arguments
    TUESDAY, SEPTEMBER 17, 2013

    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

    Leighdon Henry v
    State of Florida

    SC12-578

    9:00 Mr. Henry was convicted of sexual battery, kidnapping, robbery, carjacking and burglary. The crimes were committed when he was 17. He was tried as an adult and sentenced as a sexual predator to life in prison plus 60 years. While his appeal was pending, the U.S. Supreme Court ruled that juveniles sentenced for crimes other than homicide could not be denied the opportunity for parole. The trial court resentenced Mr. Henry to 90 years in prison. The Fifth District Court of Appeal affirmed the sentence. This appeal followed.

    Orange
    County

    Shimeeka Gridine v
    State of Florida

    SC12-1223

    Approx.
    9:40

    Mr. Gridine pled guilty to attempted first-degree murder, attempted armed robbery and aggravated battery, crimes he committed at age 14, and was sentenced to 70 years in prison. The First District Court of Appeal affirmed Mr. Gridine’s sentence but certified a question of great public importance regarding the sentencing of juvenile offenders.

    Duval County

    Darious Wilcox v
    State of Florida

    SC11-1017

    Approx.
    10:30

    Mr. Wilcox was convicted of the first-degree murder of Nimoy Johnson, who was fatally shot in 2008. The jury voted 7-5 to recommend a death sentence and the trial court condemned him to death. This is his direct appeal.

    Broward
    County

    State of Florida v
    Harry Chubbuck

    SC12-657

    Approx.
    11:30
    Mr. Chubbuck violated his probation. After considering mitigating circumstances, the judge sentenced him to 96 days in jail with credit for 96 days time served. The state, which had requested prison time, objected to the downward departure from the sentencing guidelines. The Fourth District Court of Appeal agreed with the downward departure but also remanded the case for a new sentencing hearing. The state appeals to this Court for further review. Palm Beach County

    Florida Supreme Court Oral Arguments
    WEDNESDAY, SEPTEMBER 18, 2013

    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

    Inquiry Concerning a Judge, No. 10-265 Re: Timothy Shea

    SC11-1067

    9:00 Circuit Judge Timothy Shea has been summoned before the Court to receive a public reprimand for ethical misconduct Orange County

    Norman McKenzie v
    State of Florida

    and

    Norman McKenzie v Michael Crews, etc.

    SC12-986 & SC12-2349

    Approx. 9:10 Mr. McKenzie was convicted of the first-degree murders of Randy Peacock and Charles Johnson, who were fatally struck with a hatchet and stabbed in 2006. The jury voted 10-2 to recommend death sentences and the trial court condemned him. This Court upheld his sentences on direct appeal and Mr. McKenzie filed a postconviction challenge in trial court. It was denied and this appeal followed. St. Johns
    County

    William Deparvine v State of Florida

    and

    William Deparvine v Michael Crews, etc.


    SC12-407 & SC12-2124

    Approx. 9:50 Mr. Deparvine was convicted of the first-degree murders of Richard and Karla Van Dusen, who were killed in 2003. Richard Van Dusen was shot and Karla Van Dusen was shot and stabbed. The jury voted 8-4 to recommend a death sentence for each murder and the trial court condemned him. This Court upheld his sentences on direct appeal and Mr. Deparvine filed a postconviction challenge in trial court. It was denied and this appeal followed. Hillsborough County

    State of Florida v
    Eric Drawdy

    SC12-2021

    Approx. 10:40 Mr. Drawdy was sentenced to 30 years in prison for sexual battery of a child followed by five years’ probation for lewd or lascivious molestation. He appealed to the Second District Court of Appeal, arguing the acts were part of a single episode and could not be the basis for two different counts. The district court ordered the trial court to vacate Mr. Drawdy’s conviction for lewd and lascivious molestation. The State appeals the decision. Polk County

    Florida Supreme Court Oral Arguments
    THURSDAY, SEPTEMBER 19, 2013

    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

    Citizens of the State of Florida, etc. v
    Florida Public Service Commission

    SC13-144

     

    9:00 The Florida Public Service Commission issued an order allowing the Florida Power & Light Company to increase rates and charges. The Office of Public Counsel, representing the interests of Florida citizens in utility issues, contends the rate increases are not in the public’s interest and the order is unlawful. This appeal followed. Statewide

    Dean Rockmore v
    State of Florida

    SC12-577

    Approx.
    9:40
    Dean Rockmore was convicted of robbery with a firearm. He appealed, arguing he had abandoned the stolen merchandise before he threatened a pursuing store employee with a firearm. The Fifth District Court of Appeal upheld his conviction while also acknowledging conflict with previous case law. This review followed. Volusia County

    Florida Supreme Court Oral Arguments
    FRIDAY, SEPTEMBER 20, 2013

    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 the Florida Rules of Judicial Administration

    and

    In Re: Amendments to the Florida Family Law Rules of Procedure

    SC12-2007 & SC12-2030

    9:00 The Court considers changes to the Rules of Judicial Administration and Family Law Rules of Procedure that are intended to enhance the operation of the unified family court concept. Statewide

    Robert Christensen v
    Mary Jo Bowen, et al.

    SC12-2078

    Approx.
    9:40
    Mr. Christensen’s estranged wife was involved in an automobile accident that resulted in the death of Mrs. Bowen’s husband. Mrs. Bowen sued Mr. Christensen, who had bought the vehicle and was listed on the title. The jury found that Mr. Christensen was not the vehicle owner and was not liable. The Fifth District Court of Appeal determined Mr. Christensen was liable as the legal owner and certified to this Court a question of great public importance. Brevard County

    Gregory Larkin v
    State of Florida

    SC12-702

    Approx.
    10:30
    In April 2009, Richard and Myra Larkin were found bludgeoned to death in their home on Amelia Island. Gregory Larkin was convicted of first-degree murders of his parents. The jury voted 12-0 to recommend a death sentence for each murder and the trial court condemned him to death. This is his direct appeal. Nassau County

    Caduceus Properties, LLC, et al. v
    William Graney, P.E., et al.

    SC12-1474

    Approx.
    11:30

    Caduceus Properties sued the architect who had worked on its property, alleging he had installed a defective heating, ventilation and air conditioning system. The architect sued Mr. Graney, the engineer who had designed the system. The trial court then allowed Caduceus Properties to sue Mr. Graney also. But the First District Court of Appeal reversed the trial court and held that the Caduceus Properties’ claims against Mr. Graney did not relate back under Florida Rule of Civil Procedure 1.190(c), and therefore the claims were barred by the statute of limitations.

    Justice Polston is recused.

    Leon County