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Oral Argument Press Summaries
November 5 to 9, 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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![[ETCHING: SUPREME COURT OF FLORIDA]](press1.gif)
Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, November 5, 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: Limiting Cruel & Inhumane Confinement of Pigs
SC01-1367
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
A citizens group is circulating
petitions for a proposed amendment to the state Constitution that would
limit the ability to confine pregnant pigs in cages. The Attorney General
has petitioned the Court to determine whether the proposal meets requirements
that proposed amendments must address only a single subject and must have
a fair ballot summary. |
Statewide impact |
| United Contractors Corp.
v. Maria Minerva Hernandez
SC00-2176
View briefs in Acrobat
format by clicking the case number(s) here |
N/A |
Removed from calendar |
Dade County |
| Gayson J. Mills v. State
of Florida
SC01-68
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
The trial court sentenced
Mills to six years in prison as a habitual felony offender for battery
on a law enforcement officer. The First District Court of Appeal affirmed
Mill's sentence. Dissenting judges argued that a prior opinion of the Florida
Supreme Court precluded the length of this sentence as a double enhancement
forbidden by the double jeopardy clause of the Constitution. |
Leon County |
| Demetris Omar Thomas
v. State of Florida
SC00-1092
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Thomas was charged with
the September 13, 1997, murder of Brandy Howard. At trial, the jury convicted
Thomas and recommended the death penalty 10-to-2. The trial judge sentenced
him to die. In this direct appeal, Thomas challenges his sentence on grounds
he is mentally retarded, among other reasons. |
Okaloosa County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| James Terry v. State
of Florida
SC01-383
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Terry was charged with aggravated
battery and entered into a plea agreement of 54 months imprisonment followed
by 10 years' probation. After his release, he violated his probation. Back
in court, Terry's probation was revoked and he was sentenced as a habitual
offender to 15 years in prison. On appeal, the Fifth District Court affirmed
but acknowledged that its decision was in conflict with opinions of two
other district courts. |
Brevard County |
| Kevin Puryear v. State
of Florida
SC01-183
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
In April 1999 Amy Deese
was robbed by a man. She said she never got a good look at him, only his
clothing, height, and weight. She also said he had missing teeth and a
strong body odor. Later that same day, Deese said she saw the man on the
street while driving around with her boyfriend. They summoned police, who
arrested Puryear. At trial, the boyfriend and a detective testified over
a defense hearsay objection as to Deese's descriptions of the man. Later,
the Fourth District Court ruled the testimony was properly admitted at
trial. |
Broward County |
| Samuel L. Smithers v.
State of Florida
SC96,690
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Smithers was charged with
the May 1996 murders of Cristy Cowan and Denise Roach. At trial, the jury
convicted him of both counts and recommended the death penalty, which the
judge imposed. This is Smithers' direct appeal. |
Hillsborough County |
| Warfield Raymond Wike
v. State of Florida
SC00-2141
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
Wike was tried, convicted,
and sentenced to death for the September 1988 murder of 6-year-old Sarah
Rivazfar. His sentence was affirmed on appeal. He now challenges its validity. |
Santa Rosa County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| In Re: Final Report of
the Jury Innovations Committee
SC01-1226
View briefs in Acrobat
format by clicking the case number(s) here |
N/A |
Removed from calendar;
rescheduled for February arguments. |
Statewide Impact |
| Charles Kenneth Foster
v. State of Florida
SC01-240&
SC01-767
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Foster was tried, convicted,
and sentenced to death for the murder of Julian Lanier. His sentence was
upheld on appeal. He now challenges its validity. |
Bay County |
| Marc D. Sarnoff v. Florida
Dep't of Highway Safety & Motor Vehicles
SC01-351
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
This case involves constitutional
challenges to fees assessed and paid under a mandatory motor vehicle emissions
inspection program the Department of Highway Safety and Motor Vehicles
administered in six Florida counties from 1991 to 2000. People residing
in the six counties filed a class action claiming the fees were unconstitutional.
The First District Court of Appeal held that those seeking refunds could
not sue unless they first filed for a refund with the state. |
Broward, Dade, Duval, Hillsborough,
Palm Beach, and Pinellas Counties |
| Wydell Jody Evans v.
State of Florida
SC00-468
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Evans was charged with the
October 1998 murder of Angel Johnson. At trial, he was convicted and sentenced
to death based on a jury recommendation of 10-to-2 favoring capital punishment.
This is his direct appeal. |
Brevard County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Report of the Supreme
Court Workgroup on Public Records
SC01-897
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
This case involves recommendations
about how the Judicial Branch should handle public access to its records. |
Statewide impact |
| Konstantinos X. Fotopoulos
v. State of Florida
SC00-1511
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Fotopoulos was tried, convicted,
and sentenced to death for the murders of Mark Ramsey and Bryan Chase in
October and November of 1989. His sentences were affirmed on appeal. He
now challenges their validity. |
Volusia County |
| George N. Koikos v. Travelers
Ins. Co.
SC01-301
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Koikos owns the Spartan
Restaurant where, in April 1997, a Florida A&M University fraternity
held a graduation party. During the party, an intruder shot five people.
Two of them sued Koikos for allegedly failing to provide adequate security.
Koikos' insurance policy with Travelers said it would pay up to $500,000
in liability per occurrence. Travelers contended that all the shootings
were a single "occurrence." In the subsequent suit by two of the victims,
the federal trial judge ruled for the insurer. Koikos appealed to the Eleventh
U.S. Circuit Court of Appeals where he and the victims argued that there
was more than one occurrence. The Circuit Court certified the question
to the Florida Supreme Court. |
Leon County |
| Daniel Kevin Schmidt
v. John E. Crusoe
SC00-2512
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Schmidt, an inmate in Liberty
Correctional Institute, filed a petition in the Leon County Circuit Court
challenging the loss of gain time. The judge ordered him to pay a $97.50
filing fee. Schmidt petitioned the First District Court to prohibit the
trial court fromcharging the fee. The District Court said he must pay a
$250 filing fee there. He then filed a petition with the Florida Supreme
Court arguing that he is exempt from paying filing fees under a provision
of the Prisoner Indigency Statute that waives filing fees for inmates filing
"collateral criminal proceedings." |
Leon County
Liberty County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Verizon Florida, Inc.
v. E. Leon Jacobs, Jr.
SC01-323
View briefs in Acrobat
format by clicking the case number(s) here |
8:30 |
Florida's Public Service
Commission licensed Verizon as a local telecommunications provider, which
means it must publish a phone directory. Verizon entered into an agreement
with another corporation to publish the directory, though Verizon itself
bills customers for Yellow Pages advertising. It argued that it should
not have to pay regulatory fees amounting to $285,000 in 2000on these advertising
revenues. The Commission rejected this claim, and Verizon appeals. |
Leon County |
| Francis Dufresne v. State
of Florida
SC01-246
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:10 |
Dufresne was charged with
five counts of child abuse for allegedly shouting at, degrading, and slapping
autistic children. The statute she allegedly violated makes conduct unlawful
if it reasonably can be expected to cause physical or mental injury to
children. Dufresne argued the statutory term "mental injury" was unconstitutionally
vague, voiding the statute. The trial court agreed, but the Fourth District
reversed and certified the question to the Florida Supreme Court. |
Palm Beach County |
| State of Florida v. James
Clark
SC00-2441
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:50 |
Clark, himself a minor,
was sentenced to five years in prison followed by five years' probation
for child sexual abuse. After his release from prison, he violated probation.
The trial judge imposed a sentence of 364 days in jail even though the
permissible sentence was up to 17 years. The State appealed, but the Fourth
District affirmed on grounds the State did not properly object to the more
lenient sentence. |
Broward County |