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Oral Argument Press Summaries
December 9-13, 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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Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, December 9, 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 |
| Caroline Weiss v. Liberty
Mutual Insurance Co.
SC01-2000
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Weiss obtained insurance
from Liberty for her and her husband Jack's business, including uninsured
motorist coverage for both of them when driving company cars. However,
when Jack was killed in an accident with an uninsured motorist, Liberty
denied coverage. Weiss sued, and the trial court ruled that Jack in fact
had uninsured motorist coverage. On appeal, the Third District reversed. |
Dade County |
| Jeno F. Paulucci v. General
Dynamics Corp.
SC01-2346
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
The Pauluccis sued General
Dynamics and others for allegedly polluting property they owned. The parties
entered into a settlement agreement, which was incorporated into the final
judgment. A dispute later arose about whether General Dynamics was complying
with the settlement, and the Pauluccis filed a motion to enforce in the
trial court. The trial court ruled that it had jurisdiction to enforce
the terms of the agreement and ordered General Dynamics to pay rent as
specified in the agreement. The Fifth District held that the trial court
was without jurisdiction to entertain a motion to enforce and that the
Pauluccis were required to bring a separate action by filing a complaint. |
Seminole County |
| Rory Enrique Conde v.
State of Florida
SC00-789
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Conde was arrested for the
murder of Rhonda Dunn, whose body was found in January 1995 near the Tamiami
Trail. The jury convicted him and recommended the death penalty 9-to-3,
which the trial judge imposed. This is his direct appeal. |
Dade County |
| Bruce Douglas Pace v.
State of Florida
SC01-1831|
SC02-519
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
Pace was tried, convicted,
and sentenced to death on a 7-to-5 vote of the jury in the murder of Floyd
Covington. His sentence was affirmed on appeal. He now challenges its validity. |
Santa Rosa County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Pepper's Steel &
Alloys, Inc. v. United States of America
SC02-971
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The United States sued Pepper's
Steel and others for allegedly polluting a scrap metal recovery site. Pepper's
sought coverage from its insurer, and ultimately succeeded when it sued
to enforce a $2 million settlement offer made by that insurer. Pepper's
also sought attorneys fees from the insurer, which the trial court declined
to award. The case was appealed to the U.S. Eleventh Circuit Court of Appeals,
which certified the question to this Court. |
Dade County |
| Victor Tony Jones v.
Michael W. Moore
SC01-734|
SC02-605
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Jones was tried, convicted,
and sentenced to death for the December 1990 murders of Jacob and Matilda
Nestor. The jury had recommended the death penalty on a vote of 10-to-2
for Matilda and 12-to-0 for Jacob. Jones' sentences were affirmed on appeal.
He now challenges their validity. |
Dade County |
| Travis Welsh v. State
of Florida
SC02-1092
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Travis was convicted of
capital sexual battery on a person under the age of 12 and was sentenced
to life imprisonment without possibility of parole. His sentence was affirmed
by the First District Court. He appeals primarily on grounds that the jury
was incorrectly instructed on permissive lesser included offenses.. |
Duval County |
| James Belcher v. State
of Florida
SC01-1414
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Belcher was arrested and
charged with the January 1996 murder of Jennifer Embry. At trial, the jury
found him guilty and recommended the death penalty 9-to-3, which the trial
judge imposed. This is Belcher's direct appeal. |
Duval County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Dept. of Highway Safety
& Motor Vehicles v. Robert Critchfield
SC02-386
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Critchfield received his
fourth DUI conviction in 1987, resulting in permanent revocation of his
driver's license. In 1999 he applied for a hardship license, but was denied
on the ground that a 1998 statute barred his eligibility. He sued and contended
in part that the 1998 statute violated the single-subject requirement imposed
by the Florida Constitution. The trial court agreed, and declared the law
unconstitutional. The Fifth District Court affirmed. |
Orange County |
| Lloyd Duest v. State
of Florida
SC00-2366
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Duest was tried, convicted,
and sentenced to death in the murder of John Pope, whose body was discovered
in his home in February 1982. The Eleventh Circuit overturned Duest's death
sentence because it was based in part on a prior conviction later reversed.
On resentencing, the trial court again imposed death, in accord with a
jury recommendation of 10-to-2. Duest now challenges the validity of that
sentence. |
Broward County |
| Joe Elton Nixon v. State
of Florida
SC01-2486|
SC92,006 | SC93,192
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Nixon was tried, convicted,
and sentenced to death on a 10-to-2 jury recommendation in the August 1984
murder of Jeanne Bickner. His sentence was affirmed on appeal. He now challenges
its validity. |
Leon County |
| George Michael Hodges
v. State of Florida
SC01-1718
| SC02-949
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Hodges was tried, convicted,
and sentenced to death on a jury recommendation of 10-to-2 in the January
1987 murder of Betty Ricks. His sentence was affirmed on appeal. He now
challenges its validity. |
Hillsborough County |
| State of Florida v. Rudolph
Holton
SC01-2671
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:50 |
Holton was tried, convicted,
and sentenced to death on a 7-to-5 jury recommendation in the June 1986
murder of Katrina Graddy. His sentence was affirmed on appeal. He now challenges
its validity. |
Hillsborough County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Inquiry Concerning a
Judge: Cynthia A. Holloway
SC00-2226
View briefs in Acrobat
format by clicking the case number(s) here |
8:30 |
The Court has ordered Judge
Holloway to appear before it to be publicly reprimanded for ethical breaches. |
Hillsborough County |
| Swire Pacific Holdings,
Inc. v. Zurich Insurance Co.
SC02-613
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 8:40 |
Swire was developing the
Two Tequesta Point Condominium project on Brickell Key and purchased a
builder's risk policy from Zurich. A city inspector found design defects
in the project that cost Swire $4.5 million to correct, and it filed a
claim with Zurich for reimbursement. Zurich declined to pay. Swire sued
in federal court, where the judge ruled in favor of Zurich. On appeal,
the U.S. Eleventh Circuit Court of Appeals certified questions to this
Court. |
Dade County |
| State of Florida v. Jimmie
Lee Coney
SC01-1185|
SC02-900
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:20 |
Coney was tried, convicted,
and sentenced to death on a jury recommendation of 7-to-5 in the April
1990 murder of Patrick Southworth. His sentence was affirmed on appeal.
He now challenges its validity. |
Dade County |
| David Famiglietti v.
State of Florida
SC02-1305
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Famiglietti was charged
with attempted first degree murder, armed kidnaping, and other offenses
associated with the abduction of Mary Scott. His attorney sought production
of records from Ms. Scott's psychiatrist on grounds they allegedly showed
she had made inconsistent statements about who had victimized her. The
trial court granted the request, but the Third District reversed. |
Dade County |
| John D. Freeman v. State
of Florida
SC01-2007
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Freeman was tried, convicted,
and sentenced to death on a jury recommendation of 9-to-3 in the November
1986 murder of Leonard Collier. His sentence was affirmed on appeal. He
now challenges its validity. |
Duval County |