Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
November 3-7, 2003

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 3, 2003
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
Paul Augustus Howell v. State of Florida SC03-103 View briefs in Acrobat format by clicking the case number(s) here	9:00	Howell was convicted of the murder of State Trooper Jimmy Fulford and sentenced to death. His conviction and sentence were affirmed on appeal. He challenged his conviction in a postconviction motion in the trial court, claiming that his trial counsel was ineffective. The motion was denied, and Howell appeals.	Jefferson County
Lewis B. Freeman v. First Union National Bank SC03-896 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:40	This case comes before the Court upon a certified question from the Eleventh Circuit Court of Appeals. A federal district court dismissed part of the creditor plaintiffs' lawsuit against First Union, citing the failure to state a cause of action for an aiding and abetting claim. This Court will now consider the issue of whether there exists, under Florida law, a cause of action for aiding and abetting a fraudulent transfer when the alleged aider-abettor is not a transferee.	Miami-Dade County
Kimberly S. Sult v. State of Florida SC03-542 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:30	In June 2001 Sult was observed wearing a T shirt printed with a star and the word "SHERIFF"in 5-inch letters. A sheriff's officer asked her if she worked for his department, and she said yes, producing an employee identification card from her wallet. This had been issued to her earlier when she worked for the sheriff's department, though she no longer did. She was arrested under a statute forbidding the unlawful display of police badges and other indicia of authority. She challenged the constitutionality of the statute, but the trial court found her guilty and the Second District Court affirmed.	Pinellas County

Florida Supreme Court Oral Arguments
Tuesday, November 4, 2003
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
Jeremiah Martel Rodgers v. State of Florida SC01-185 View briefs in Acrobat format by clicking the case number(s) here	9:00	Jeremiah Rodgers is on direct appeal of a sentence of death from his involvement in the 1998 murder of Jennifer Robinson. As part of a plan, Rodgers and his co-defendant Lawrence lured Robinson to a location in the woods, got her intoxicated, shot her in the back of her head, and then abused her corpse. Rodgers codefendant, Lawrence, received a death sentence that was affirmed by this Court, now Rodgers appeals his death sentence.	Santa Rosa County
Florida Dep't of Children & Families v. Sun-Sentinel, Inc. SC03-410 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:00	The Sun-Sentinel sought gain access to public records about alleged child abuse in a then-pending criminal case by faxing requests to various parties. DCF alleged that this petition was insufficient because it was not delivered via service of process, and it sought to remove the issue to courts in Leon County, where DCF is headquartered. The circuit court held that formal service of process was not required and that removal to Leon County was inappropriate. The district court affirmed.	Palm Beach County Broward County connection
Darius Mark Kimbrough v. State of Florida SC02-1158 \| SC03-228 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:40	Kimbrough was tried, convicted, and sentenced to death for the October 1991 murder of Denise Collins. His sentence was affirmed on appeal. He now challenges its validity.	Orange County
Bay Anesthesia, Inc. v. Darlene Aldrich SC03-286 View briefs in Acrobat format by clicking the case number(s) here	Approx. 11:20	The plaintiffs, as co-representatives of the deceased, William E. Roddenberry, Jr., brought a wrongful death suit against Jackson County Hospital and Bay Anesthesia, Inc. alleging negligent intubation during emergency treatment. The trial court denied the defendants' motions for a directed verdict. The jury found that the hospital acted with reckless disregard and that Bay Anesthesia acted negligently. The trial court denied the defendants' motions for a judgment notwithstanding the verdict and for a new trial. The First District Court affirmed in part and reversed in part, and certified a question to this Court.	Jackson County

Florida Supreme Court Oral Arguments
Wednesday, November 5, 2003
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
Rodrigo Aguilera v. Inservices, Inc. SC03-368 View briefs in Acrobat format by clicking the case number(s) here	9:00	In April 1999 Aguilera was injured on the job in a forklift accident. He was initially diagnosed with minor injuries, but alleged that a severe injury to his bladder had been found later. He sought worker's compensation benefits and alleged that his employer's insurer engaged in conduct that delayed necessary surgery and treatment for many months. The trial court refused to dismiss the claim, but the Third District Court reversed.	Miami-Dade County
State of Florida v. Fernando Castillo SC03-282 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:40	The State seeks review of the Third District Court's reversal of a police officer's unlawful compensation conviction. The State alleges that the court's holding that evidence of a spoken agreement between the parties is required conflicts with an opinion of another Florida appeals court, in which it held that circumstantial evidence of a quid pro quo was sufficient to support a conviction.	Miami-Dade County
Delta Property Management v. Profile Investment, Inc. SC02-2721 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:30	Respondent purchased Petitioner's property when Petitioner failed to pay its ad valorem taxes. Petitioner argues that the tax sale was invalid because the clerk of the circuit court mailed the notice of the tax sale to Petitioner's old address. The trial court found for Respondent, and the First District Court affirmed.	Duval County

Florida Supreme Court Oral Arguments
Thursday, November 6, 2003
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
South Florida Health Care Ass'n v. Lila A. Jaber SC02-1023 View briefs in Acrobat format by clicking the case number(s) here	9:00	South Florida Hospital and Healthcare Association appeals the decision of the Public Service Commission approving a stipulation and settlement entered into by Florida Power & Light Co., and several classes of customers regarding FPL's retail electricity rates. South Florida Hospital and Healthcare Association argues that the PSC's approval of the stipulation and settlement without and evidentiary hearing violated the Association's due process rights.	Southeast Florda
The Florida Bar v. Arthur James Springer SC02-1687 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:40	Springer was charged with several violations of the rules regulating lawyer conduct. At his hearing, Bar counsel recommended a 2-year suspension, payment of costs, and probationary requirements. The Referee recommended disbarment.	Hillsborough County
Grover Reed v. State of Florida SC02-2191 \| SC03-558 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:10	Grover Reed was convicted of the 1986 robbery, rape and murder of Betty Oermann in her Jacksonville home. He was sentenced to death. Reed's conviction and sentence were affirmed on direct appeal. Reed now appeals the denial of his rule 3.850 motion and petitions for writ of habeas corpus.	Duval County
State of Florida v. Brunel Hosty SC03-511 \| SC03-512 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:50	Brunel Hosty was charged with sexual battery on a person who was mentally defective. The State filed notice of intent to use the victim's hearsay statements to her teachers and law enforcement officers under the disabled adult hearsay exception provided by the Evidence Code. Hosty moved to strike the State's notice, arguing that hearsay exception is facially unconstitutional as applied to disabled adults. The circuit court agreed, and the Fourth District Court affirmed.	Broward County

Florida Supreme Court Oral Arguments
Friday, November 7, 2003
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
Amendments to Rules of Criminal Procedure: Postconviction DNA Testing SC03-1630 \| SC03-1654 View briefs in Acrobat format by clicking the case number(s) here	8:30	The Criminal Procedure Rules Committee of The Florida Bar filed an emergency petition to extend by one year the October 1, 2003 filing deadline for postconviction DNA testing claims set forth in Florida Rule of Criminal Procedure 3.853. Subsequently, in a separate case, several individuals seeking postconviction DNA tests, along with the Florida Innocence Project and the Florida Innocence Initiative appearing on behalf of similarly situated individuals, filed a petition challenging the October 1, 2003 deadline set forth in a Florida Statute. Because the cases related to the same subject matter, this Court consolidated its consideration of the cases.	Statewide impact
Corey Franklin v. State of Florida SC03-413 \| SC03-532 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:10	These cases involve constitutional questions arising from the Three-Strikes Violent Felony Offender law.	Miami-Dade County Pinellas County
Helen M. Caruso v. Earl Baumle SC03-127 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:50	Caruso and another woman sued over injuries arising from a traffic accident involving Baumle. An issue arose whether Baumle's liability should be reduced by amounts paid by the women's own insurance personal injury protection coverage and whether the jury or judge should make that determination.	Orange County

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