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Oral Argument Press Summaries
October 1-5, 2001
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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Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, October 1, 2001
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 |
| Advisory Opinion to the
Attorney General: Slot Machines
SC01-1000
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
A citizen's initiative to
amend the state Constitution has gathered enough signatures for initial
review by the Court. The amendment would authorize slot machines in certain
locations in Florida. If the Court determines that the proposed amendment
meets rules restricting initiatives to a single subject and requiring a
fair ballot summary, it will be placed on the ballot in a general election. |
Statewide impact |
| Bonnie Allen v. Mararete
Dalk
SC01-2
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Christel D. McPeak, a native
of Germany, died in May 1999 in Ocala. Before her death, she had a will
made out. In the presence of her attorney and witnesses, McPeak acknowledged
this document as her last will and testament but, due to oversight, neglected
to sign it as required by law. After her death, a dispute arose between
the beneficiaries named in her will-an American sister-in-law and her children-and
McPeak's half sister in Germany. The trial court resolved this dispute
in favor of the sister-in-law and her children, but on appeal the Fifth
District reversed. |
Marion County |
| Allstate Insurance Co.
v. Victor Ginsberg
SC00-2614
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Elaine Scarfo worked for
a company run by Ginsberg. She alleged that, after she refused sexual overtures
by Ginsberg, he took actions that terminated her job. She sued him in federal
court under an umbrella insurance policy issued to him by Allstate. The
federal court granted Allstate's motion for summary judgment, but on appeal
the U.S. Eleventh Circuit Court of Appeals certified questions to this
Court as to whether Scarfo's claims could be covered by the policy under
Florida law. |
Broward County |
| Thomas James Moore v.
State of Florida
SC00-2483and
SC01-708
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Moore was tried, convicted,
and sentenced to death for the January 1993 murder of Johnny Parrish. His
sentence was affirmed on appeal. He now challenges its validity. |
Duval County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| The Florida Bar v. James
Edmund Baker
SC96,980
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Bar accused Baker of
ethics violations for allegedly forging his wife's signature to documents
related to the sale of a home they jointly owned. A referee recommended
disbarment for five years. |
Lee County |
| The Florida Bar v. John
L. Scott
SC96,087and
SC97,020
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:30 |
The Bar accused Scott of
ethics violations involving sexual misconduct with a client. A referee
recommended an 18-month suspension followed by probation, but The Bar now
asks that he be disbarred. |
Suwannee County |
| Dale Edward Sjuts v.
State of Florida
SC01-95
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:00 |
The State filed a petition
to civilly commit Sjuts under the Jimmy Ryce Act. A public defender was
appointed to represent Sjuts and filed counterclaims alleging that his
civil rights had been violated during psychiatric evaluations. The State
argued that a public defender had no authority to pursue civil rights claims
on behalf of a defendant. The trial court dismissed the claims, and the
Second District Court affirmed the dismissal. |
Polk County |
| Robert Morris v. State
of Florida
SC95,623
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:40 |
Morris was charged with
the September 1994 murder of Violet Livingston. The jury found him guilty
as charged and recommended the death penalty by a vote of 8-to-4. The trial
judge imposed it. This is Morris' direct appeal. |
Polk County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Amendments to Rules Relating
to Admission to the Bar
SC96,869
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Florida Board of Bar
Examiners has petitioned the Court to make changes to the rules regulating
admission to The Florida Bar. They include raising the passing score on
the Bar Exam. |
Statewide impact |
| Loran Cole v. State of
Florida
SC00-1388and
SC01-192
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Cole was tried, convicted,
and sentenced to death for the February 1994 murder of John Edwards. His
sentence was affirmed on appeal. He now challenges its validity. |
Marion County |
| William Melvin White
v. State of Florida
SC00-1148
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
White was tried, convicted,
and sentenced to death for the June 1978 murder of Gracie Mae Crawford.
His case was sent back for a new sentencing proceeding due to errors, and
he again received the death penalty. This is his direct appeal from the
new sentence. |
Orange County |
| Timothy Lee Hurst v.
State of Florida
SC00-1042
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Hurst was charged with the
May 1998 murder of Cynthia Harrison at a restaurant on Nine Mile Road near
Pensacola. He was convicted and sentenced to death. This is his direct
appeal. |
Escambia County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Inquiry Concerning a
Judge: Patricia Kinsey
SC96,629
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Judge Kinsey is accused
of ethical violations allegedly committed when she campaigned for her judgeship.
The Judicial Qualifications Commission, which investigated alleged misconduct
of state judges, has recommended that the Court publicly reprimand her
and impose a fine of $50,000. |
Escambia County |
| William Earl Sweet v.
State of Florida
SC00-1509
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Sweet was tried, convicted,
and sentenced to death for the June 1990 murder of Felicia Bryant. His
sentence was affirmed on appeal. He now challenges its validity. |
Duval County |
| Arthur Barnhill III v.
State of Florida
SC00-547
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Barnhill was charged with
the August 1995 murder of Earl Gallipeau. The jury convicted him and recommended
the death penalty by a vote of 9-to-3. The trial court imposed it. This
is Barnhill's direct appeal. |
Seminole County |
| Charles Murray v. Kathleen
A Kearney
SC01-100and
SC01-174
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
Murray was ordered committed
as a sexually violent predator. He objected on grounds this violated a
plea agreement he entered with the state. Murray filed a petition for habeas
corpus with the Fourth District Court, which held that it did not have
jurisdiction and transferred the case to the Third District Court. The
Third District also dismissed for lack of jurisdiction and transferred
the case back to the Fourth District, which ultimately concluded again
that it lacked jurisdiction. |
Dade County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| James Eugene Hunter v.
State of Florida
SC00-1885and
SC01-836
View briefs in Acrobat
format by clicking the case number(s) here |
8:30 |
Hunter was tried, convicted,
and sentence to death for the September 1992 murder of Wayne Simpson. His
sentence was affirmed on appeal. He now challenges its validity. |
Volusia County |
| Mary Chester v. Victor
Doig, M.D.
SC01-348
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:10 |
Charles Chester died of
negligently performed heart surgery. His wife Mary filed a notice of intent
to sue, and the physician involved, Doig, opted to arbitrate. Hallifax
Medical Center settled for $150,000. The arbitrator awarded Chester more
than $500,000 against Doig and also found that this amount would not be
reduced by the $150,00 already paid by Hallifax. The Fifth District reversed. |
Volusia County |
| James Lee Hall v. State
of Florida
SC00-2358
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:50 |
Hall entered into a plea
agreement under which he was sentenced for theft and dealing in property
taken in the same theft. His sentence was affirmed by the District Court.
He now argues that dual convictions of this type are prohibited by law,
and that the sentencing scheme under which he was sentenced, Florida's
new Criminal Punishment Code, is unconstitutional. |
St. Lucie County |
| John Hall v. State of
Florida
SC01-42
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Hall was sentenced to consecutive
terms of five years for possession of cocaine and another five years for
resisting arrest with violence under Florida's new Criminal Punishment
Code. On appeal, he challenged the constitutionality of the Code on a variety
of grounds, but the District Court affirmed his sentences. |
Gadsden County |