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Oral Argument Schedule
November 30 to December 2, 2005

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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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Names & phone numbers of attorneys in these cases are available in Acrobat format.

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Florida Supreme Court Oral Arguments

Wednesday, November 30, 2005

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: Amendments to the Rules of Professional Conduct

SC05-1150

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

9:00

A group of attorneys has asked the Court to update contingency fee rules to impose caps in medical malpractice cases to comport with a new provision of the Florida Constitution guaranteeing victims of medical malpractice 70 percent of any awards up to $250,000 and 90 percent of awards above $250,000. Opponents, including The Florida Bar, argue the request is premature because the scope of the new constitutional provision is currently being challenged in trial court. Opponents also argue that the constitutional provision is self-executing and cannot be incorporated in a rule without violating the right of a medical malpractice plaintiff to waive the new constitutional provision.

Statewide impact

Robert Morris v. State of Florida

SC04-1594 | SC05-227

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

Approx. 10:00

Morris was convicted of the first-degree murder of 88-year-old Violet Livingston, who was fatally beaten, strangled and suffocated in her Lakeland apartment in September 1994. The jury voted 8-4 to recommend a death sentence and he was condemned. The Supreme Court upheld his conviction and sentence and, after a hearing, a trial judge denied his first post-conviction appeal. Morris challenges that denial with this appeal.

Polk County

Robin Lee Archer v. State of Florida

SC04-451 | SC05-696

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

Approx. 10:40

Archer was convicted of the murder of Billy Coker, a clerk at an auto parts store who was fatally shot during a robbery in January 1991. The jury voted 7-5 to recommend death and he was condemned. The Supreme Court overturned the sentence and Archer had a second penalty hearing. A jury again voted 7-5 to recommend death and he was condemned. The Supreme Court upheld the second death sentence and Archer filed his first post-conviction appeal in the trial court. It was rejected and Archer challenges that ruling in this appeal, arguing, among other issues, that he is innocent of first-degree murder.

Escambia County

Robert Consalvo v. State of Florida

SC04-520

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

Approx. 11:20

Consalvo was convicted of the murder of Lorraine Pezza, who was fatally stabbed in her apartment sometime in late September or early October 1991. The jury voted 11-1 to recommend a death sentence and he was condemned. The Supreme Court upheld his conviction and sentence, and Consalvo filed a rule 3.850 motion in the trial court. It was denied and the appeal is now before the Supreme Court.

Broward County

 

Florida Supreme Court Oral Arguments

Thursday, December 1, 2005

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 England v. State of Florida

SC04-1521

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

9:00

England was convicted of the June 2001 murder of Howard Wetherell, who was beaten to death in his home. The jury voted 8-4 to recommend death, and he was condemned. This is his direct appeal. He raises several issues.

Volusia County

David Miller, Jr. v. State of Florida

SC04-892 | SC05-472

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

Approx. 10:00

Miller was convicted of the 1997 fatal beating of Albert Floyd, his jury recommended death by a 7-5 vote and he was condemned. The conviction and sentence were affirmed by the Supreme Court and Miller's first post-conviction appeal was rejected by a trial judge. This appeal challenges that decision. Miller raises several issues.

Duval County

Jim Smith v. Stephen Krosschell

SC05-488

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

Approx. 10:40

State and county tax officials and Krosschell dispute the assessment of his Tarpon Springs home, which he bought for $357,500. Under the Save Our Homes provision of the Florida Constitution, annual assessments of homesteads are capped at 3 percent after the market value is established. Due to a clerical error in the property appraiser's office, $100,000 was cut from the initial assessment of Krosschell's home. The office found and corrected the mistake after Krosschell paid his taxes. He challenged that action, arguing it produced an illegal increase in his taxes of 58 percent. A trial judge and the 2nd District Court of Appeal agreed with him. The District Court rejected the tax officials' argument that a 2001 state law required the retroactive correction. The court also certified conflict with a ruling by the 3rd District Court of Appeal.

Pinellas County

Manuel Pardo v. State of Florida

SC03-1966 | SC04-2244

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

Approx. 11:20

Pardo, a former police officer, was condemned for nine murders in South Florida. His victims were fatally shot in a four-month period in 1986. Pardo said his victims were drug-dealers who didn't deserve to live. His jury recommended death in each case by votes ranging from 8-4 to 10-2. This is his second appeal to the Supreme Court. Pardo raises several issues, including an argument that he was incompetent at the time of his trial, that he suffered from a severe thyroid disorder that can cause sever psychiatric illness, and that he was denied access to public records needed for his appeal.

Miami-Dade County

 

Florida Supreme Court Oral Arguments

Friday, December 2, 2005

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

Allied Universal Corp. v. Braulio L. Baez

SC04-2329

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

8:30

Tampa Electric Co. gave a preferential electric rate to Odyssey Manufacturing Co. to operate a bleach plant but did not give Allied a comparable discount. Allied filed a petition alleging discrimination with the Public Service Commission. Allied and Tampa Electric reached a settlement agreement. But Allied later sued Odyssey, alleging Odyssey had interfered with Allied's plans to establish a similar bleach plant and profit from the settlement agreement with Tampa Electric. The PSC refused to hold an evidentiary hearing and Allied challenges that decision in the appeal to the Supreme Court.

Hillsborough County

Paul Christopher Hildwin v. State of Florida

SC04-1264

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

Approx. 9:10

Hildwin was convicted in 1986 of the strangulation murder of Vronzettie Cox and condemned. His attorney and other lawyers filing amici briefs argue DNA testing of evidence taken from the crime scene shows Hildwin was wrongly convicted. A trial judge rejected their arguments and this appeal challenges that ruling.

Hernando County

Marvin Jones v. State of Florida

SC04-282

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

Approx. 9:50

Jones was convicted of the murder of 22-year-old Monique Stow, who was fatally shot in the office of her father's used-car sales lot. His jury recommended death by a 9-3 vote and he was condemned. The conviction and sentence were affirmed by the Supreme Court and a trial judge rejected Jones' post-conviction appeal. This appeal challenges that decision.

Duval County

The Florida Bar v. Richard Phillip Greene

SC04-1595

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

Approx. 10:30

The Florida Bar recommends that Richard Phillip Greene be disbarred for his participation in a conspiracy to commit securities fraud and mail fraud and for using his trust account in the scheme. Greene argues that although he pled guilty to securities fraud he believed that he was performing a legitimate business and legal function for a client who lied to him about the deal. He argues he has shown he can be rehabilitated and should be suspended for two years rather than disbarred.

Broward County

 



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