[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
November 4-8, 2002

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]
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Florida Supreme Court Oral Arguments
Monday, November 4, 2002
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
Corporate Express Office Products, Inc. v. Doug Phillips

SC01-2741

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

9:00 Phillips and others worked for companies acquired by Corporate Express. Each had signed agreements with their original employers saying they would not leave to work for competitors. After acquisitions of these companies and internal restructuring of Corporate Express's business operations, Phillips and the others left to work for a competitor. Corporate Express sued to enforce the noncompetition agreements, but the former employees argued that the acquisition of companies and internal restructuring effectively had terminated their agreements. The trial court disagreed, but the Fifth District reversed. Orange County
State of Florida v. Antoine L. McBride

SC02-627

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

Approx. 9:40 McBride was sentenced as a habitual offender to 30 years imprisonment for attempted first degree murder and associated offenses. Later, he argued to a trial court that the statute in force at the time of the offense did not permit him to be sentenced as a habitual offender, an argument which the trial court rejected. McBride did not appeal this ruling. McBride raised the issue again in a later proceeding, and it was again rejected. On appeal, the Fifth District Court of Appeal reversed. The State now appeals the holding of the District Court, arguing that the original trial court's denial of McBride's motion decided the matter with finality, and bars all subsequent litigation of the issue. Marion County
Travis Tanguay v. State of Florida

SC01-613

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

Approx. 10:30 Tanguay was sentenced as a juvenile to a period of detention not to exceed his 19th birthday. He was held beyond that date to be evaluated under the Jimmy Ryce Act, and the State later filed a civil commitment petition against him. He moved to dismiss on grounds that the State lost jurisdiction because he was held for evaluation after his lawful sentence had expired. The trial court dismissed the motion, but the Second District Court reversed in part and certified the question to the Supreme Court. Polk County

Florida Supreme Court Oral Arguments
Tuesday, November 5, 2002
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
Jeffrey G. Hutchinson v. State of Florida

SC01-500

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

9:00 Hutchinson was charged with the September 1998 murders of his girlfriend Renee Flaherty and her three children Geoffrey, 9, Amanda, 7, and Logan, 4. More than a year earlier, he had been diagnosed with Gulf War Syndrome apparently caused by exposure to neurotoxins. At trial he was found guilty. The judge sentenced him to life for the death of his girlfriend and to death for the slayings of the three children. This is his direct appeal. Okaloosa County
The Florida Bar v. Jorge Luis Cueto

SC00-890

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

Approx. 10:00 Cueto pled guilty to a felony charge of providing unlawful compensation by giving numerous illegal kickbacks to claims adjusters over a six-year period. This Court disbarred him on March 21, 2002. Cueto filed a motion for rehearing asking this Court to reconsider its decision. The Court has requested supplemental information regarding the facts of Cueto's codefendants' cases. Dade County
Michael Allen Griffin v. State of Florida

SC01-457

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

Approx. 10:30 Griffin was tried, convicted, and sentenced to death for the murder of Metro-Dade police officer Joseph Martin. His sentence was affirmed on appeal. He now challenges its validity. Dade County
Harold Gene Lucas v. State of Florida

SC01-1633| SC02-314

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

Approx. 11:10 Lucas was tried, convicted, and sentenced to death for the August 1976 murder of Jill Piper in Bonita Springs. His sentence later was affirmed on appeal. He now challenges its validity.  Lee County

Florida Supreme Court Oral Arguments
Wednesday, November 6, 2002
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
Richard M. Cooper v. State of Florida

SC01-2285| SC02-623

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

9:00 Cooper was tried, convicted, and sentenced to death for the June 1982 murders of Steven Fridella, Bobby Martindale, and Gary Petersen. His sentences were affirmed on appeal. He now challenges their validity.  Pinellas County
Lloyd Chase Allen v. State of Florida

SC02-371 | SC02-1079

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

Approx. 9:40 Allen was tried, convicted, and sentenced to death for the November 1991 murder of Dortha Cribbs in Summerland Key. His sentence was affirmed on appeal. He now challenges its validity. Monroe County
Oba Chandler v. State of Florida

SC01-1468

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

Approx. 10:30 Chandler was tried, convicted, and sentenced to death for the June 1989 murders of Joan Rogers and her daughters Michelle and Christe, whose bound bodies were found floating in Tampa Bay. His sentence was affirmed on appeal. He now challenges its validity. Pinellas County

Florida Supreme Court Oral Arguments
Thursday, November 7, 2002
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: Rosa I. Rodriguez

SC01-358

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9:00 Judge Rodriguez has been ordered to appear before the Court to be publicly reprimanded for unethical conduct. Dade County
Amendments to Code of Judicial Conduct

SC02-147| SC02-1034

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Approx. 9:10 The Court will consider a report and petition on ways that judges and judicial staff in Florida might ethically provide pro bono services to the public. Statewide impact
Amendments to Rules Regulating The Florida Bar

SC02-1050

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Approx. 9:50 The Court will receive a report from its standing committee on pro bono services provided by attorneys to the public. Statewide impact
Amendments to Rules Regulating The Florida Bar

SC02-1689

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

Approx. 10:30 The Court will consider a proposal to adopt new ethics rules on the ways that attorneys who work for insurance companies should conduct their business. Statewide impact
Leonard David Randall v. Florida Dep't of Law Enforcement

SC01-2135

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

REMOVED FROM CALENDAR
Randall was convicted in 1985 of fraudulently making a certificate as a notary public. He received a full pardon in 1998. In 1999 he applied with FDLE for a certificate of eligibility to have his criminal record expunged, which was denied. He sued FDLE, but the trial court ruled against him. The First District Court affirmed but noted a conflicting decision of the Fifth District Court.
Leon County

Florida Supreme Court Oral Arguments
Friday, November 8, 2002
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 Retirement of Justice Leander J. Shaw, Jr. 3:00 p.m. In this ceremonial session, the Court will honor Justice Shaw for more than 20 years of service as a Judge of the First District Court of Appeal from 1979 to 1983, and as a Justice from 1983 until his retirement in January 2003. Justice Shaw was a resident of Tallahassee at the time of his appointment to the Court in 1983, although he practiced law for many years in Jacksonville beforehand.

Biography

Justice Leander J. Shaw, Jr., was born in Salem, Virginia, on September 6, 1930. His parents were Leander J. Shaw, retired dean of the Florida A&M University Graduate School in Tallahassee, and Margaret Shaw, retired teacher, Lylburn Downing High School in Lexington, Virginia. He attended public schools in Virginia and received his bachelor's degree in 1952 from West Virginia State College in Institute, West Virginia. After serving in the Korean conflict as an artillery officer, he entered law school and earned his juris doctor degree in 1957 from Howard University in Washington, D.C. He holds honorary doctor of laws degrees from West Virginia State College (1986), Nova University (1991), and Washington and Lee University (1991). In 1990 he was awarded an honorary doctor of public affairs degree from Florida International University.

Justice Shaw came to Tallahassee in 1957 as an assistant professor of law at Florida A&M University. In 1960 he was admitted to The Florida Bar and went into private practice in Jacksonville, where he also served as assistant public defender. In 1969 he joined the State Attorney's staff, where he served as head of the Capital Crimes Division and adviser to the grand jury. In 1972 he returned to private practice with the law firm of Harrison, Finegold and Shaw.

In 1974 Governor Reubin Askew appointed him to the Florida Industrial Relations Commission, where he served until October 1979 when Governor Bob Graham appointed him to the First District Court of Appeal. He served there until January 1983 when Governor Graham appointed him to the Supreme Court. Justice Shaw served as Chief Justice from 1990 to 1992.

He is a member of the American Bar, the National Bar, The Florida Bar, the Florida Government Bar, and the Tallahassee Bar associations. He is admitted to practice in all Florida courts, the United States Southern District Court of Florida, the United States Circuit Court of Appeals for the Eleventh Circuit, and the United States Supreme Court.

Justice Shaw served as second vice president of the Conference of Chief Justices, as a member of the Board of Directors of the National Center for State Courts and the American Judicature Society, as Chair of Governor Lawton Chiles' Criminal Justice Task Force, as Vice-Chair of the Florida Supreme Court Racial and Ethnic Bias Study Commission, advisor to Florida's Sentencing Commission, Florida's Standard Jury Instructions-Civil, and as a member of the Judicial Fellows Program, having been appointed by the Chief Justice of the United States.

He serves as advisor to the Supreme Court Committees on Fairness, Standard Jury Instructions-Criminal, Rules of Judicial Administration, and Rules of Criminal Procedure, and as a member of Florida State University College of Law Board of Visitors.



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