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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    December 4-8 , 2006

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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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    Florida Supreme Court Oral Arguments

    Monday, December 4, 2006

    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

    No cases scheduled

     

     

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, December 5, 2006

    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

    Robert Carratelli v. State of Florida

    SC06-97

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

    9:00

    Mr. Carratelli was convicted of six counts of vehicular homicide and sentenced to 15 years in prison after he ran a red light and collided with another car at an intersection. On direct appeal, Mr. Carratelli argued that he should have a new trial because the judge denied several of his cause challenges to potential jurors whom he claimed expressed doubts about their ability to be fair and impartial. The Fourth District Court of Appeal affirmed the conviction and sentence, ruling he had not preserved the issue. Mr. Carratelli then filed a motion for postconviction relief, arguing defense counsel was ineffective for failing to preserve the issue. Both the trial court and the 4th DCA denied relief. The Fourth District certified conflict with the Fifth District on the question of whether the determination of prejudice under Strickland v. Washington, 466 U.S. 668 (1984), regarding such an ineffective assistance of counsel claim should focus on the outcome of the trial or the outcome of the direct appeal.

    Palm Beach County

    Leroy Reeves v. State of Florida

    SC06-504

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

    Approx. 9:40

    Mr. Reeves was sentenced to prison for 20 years after being convicted of burglary, grand theft, resisting a law enforcement officer with violence and battery on a law enforcement officer. The judge determined that four separate criminal episodes occurred and sentenced Mr. Reeves to four consecutive five-year terms. The sentence for the resisting a law enforcement officer was based on the judge's classifying Mr. Reeves as a prison releasee reoffender. Mr. Reeves challenged the sentence. The Fifth District Court of Appeal upheld the sentence but found there were only two criminal episodes. It also said its decision conflicts with a holding by the 2nd DCA.

    Lake County

    Robert Shannon Walker v. State of Florida

    SC04-2382

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

    Approx. 10:30

    Mr. Walker was convicted of the 2003 murder of David Hamman, who was fatally beaten and shot. The jury voted 7-5 to recommend a death sentence and he was condemned. This is his direct appeal and he raises several issues.

    Brevard County

     

    Florida Supreme Court Oral Arguments

    Wednesday, December 6, 2006

    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

    Jackie Cornelius Williams v. State of Florida

    SC06-594

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

    9:00

    Mr. Williams was charged with sexual battery on a 15-year-old girl. The trial court gave jurors the option of finding Mr. Williams guilty of a lesser offense of lewd or lascivious battery if they found the evidence did not prove sexual battery. Mr. Williams opposed the verdict option. After the jury found him guilty of lewd or lascivious battery, he appealed the conviction. The 2nd DCA affirmed and ruled that the language of the charging document and the evidence at trial made lewd or lascivious battery a proper lesser offense. The court said it considered this a question of great public importance and asked this Court to address it.

    Collier County

    State of Florida v. Gregory Carnell Weaver

    SC06-258

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

    Approx. 9:40

    Mr. Weaver was convicted of battery on a law enforcement officer and sentenced to prison. On appeal, he argued his constitutional rights to due process and a unanimous verdict were violated because the jury was instructed on two alternate forms of committing a battery on a law enforcement officer but only one form was included in the charge against Mr. Weaver. The Second District Court of Appeal reversed his conviction but also asked this Court to determine whether the jury instruction in this trial constituted fundamental error.

    Hillsborough County

    The Florida Bar v. Patricia Del Pino

    SC05-734

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

    Approx. 10:30

    Ms. del Pino pleaded guilty to federal charges of tax evasion and mail fraud and was automatically suspended from The Florida Bar for three years. The Bar filed ethics charges and the judge acting as a referee in the case has recommended that she be found guilty of several counts of misconduct and disbarred, with leave to reapply for readmission after five years. Ms. del Pino argues disbarment is inappropriate and not necessary to protect the public; The Florida Bar supports the recommendation of disbarment.

    Miami-Dade County

    William Michael Kopsho v. State of Florida

    SC05-763

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

    Approx. 11:00

    Mr. Kopsho was convicted of kidnapping and murdering his wife, Lynne Ann Kopsho, who was fatally shot in 2000. The jury voted 9-3 to recommend a death sentence and he was condemned. This is his direct appeal, and he raises several issues.

    Marion County

     

     Florida Supreme Court Oral Arguments

    Thursday, December 7, 2006

    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

    Angel Diaz v. State of Florida

    SC06-2259

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

    9:00

    Mr. Diaz was convicted of the 1979 fatal shooting of Joseph Nagy. The jury voted 8-4 to recommend a death sentence and he was condemned. His execution has been scheduled for Dec. 13 and he has filed this appeal challenging his sentence.

    Miami-Dade County

    Connecticut connection

    E.T. v. State of Florida

    SC06-1396

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

    9:40

    E.T. is the biological father of two young sons. His parental rights were terminated by the state and his sons were later adopted. E.T. challenged the termination of his parental rights by filing a writ of habeas corpus that alleged he was inadequately represented in the original case by his court-appointed attorney. The Fourth District Court of Appeal upheld the termination of parental rights and asked this Court if the state recognized a claim of ineffective assistance of counsel in such cases.

    Palm Beach County

    Allen Cox v. State of Florida

    SC05-914 | SC06-40

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

    Approx. 10:30

    Mr. Cox was convicted of the murder of Thomas M. Baker Jr., who was beaten and fatally stabbed in a state prison in 1998. The jury voted 10-2 to recommend a death sentence and Mr. Cox was condemned. This Court upheld both his conviction and sentence on direct appeal and he filed his first post-conviction appeal in trial court. It was denied and this appeal followed.

    Lake County

    Leonardo Franqui v. State of Florida

    SC04-2380 | SC06-36

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

    Approx. 11:10

    Mr. Franqui was convicted of the 1992 murder of police officer Steven Bauer, who was fatally shot during a bank robbery. The jury voted 10-2 to recommend a death sentence and Mr. Franqui was condemned. This Court upheld the sentence on direct appeal and he filed a post-conviction appeal in trial court. It was denied and this appeal followed.

    Miami-Dade County

     

    Florida Supreme Court Oral Arguments

    Friday, December 8, 2006

    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

    William Todd Larimore v. State of Florida

    SC06-139

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

    8:30

    Mr. Larimore pled guilty to and served prison time for two counts of lewd and lascivious acts on a child under 16. After he was released, he began serving probation. The probation, however, was later revoked and he was returned to prison. The First District Court of Appeal later held that Mr. Larimore was entitled to credit for time served and gaintime, which had the effect of erasing his sentence for violating probation. The state is seeking to have Mr. Larimore declared a sexually violent predator under the Jimmy Ryce Act. Mr. Larimore argues he was not lawfully in custody when the petition was filed and that therefore the Jimmy Ryce Act does not apply to him. The First District denied Mr. Larimore's petition but certified that its ruling was in conflict with a decision from another district court.

    Leon County

    The Florida Bar v. Steven Ray Brownstein

    SC04-2460

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

    Approx. 9:10

    The Florida Bar filed ethics charges against Mr. Brownstein, alleging he had misappropriated money entrusted to him by a client and was involved in check-kiting. The judge who was appointed as a referee in the case concluded Mr. Brownstein was guilty of violating various ethics rules and recommended that he be suspended from the practice of law for at least three years. The Bar argues to the Court that based on the ethical violations and other misconduct, the Court should disbar Mr. Brownstein. Mr. Brownstein argues that the referee appropriately took into account the fact that he was suffering from serious depression. He argues that the referee's recommended discipline is fair.

    Miami-Dade County

    John Shane Kormondy v. State of Florida

    SC05-1200 | SC06-210

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

    Approx. 9:40

    Mr. Kormondy was convicted of the 1993 murder of Gary McAdams, who was fatally shot in his home. The jury voted 8-4 to recommend a death sentence and Mr. Kormondy was condemned. This Court upheld his sentence on direct appeal and he filed a post-conviction appeal in trial court. It was rejected and this appeal followed. He raises several issues.

    Escambia County

    Michael A. Tanzi v. State of Florida

    SC05-457

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

    Approx. 10:20

    Mr. Tanzi was convicted of the 2000 murder of Janet Acosta, who was abducted and strangled. The jury voted unanimously to recommend a death sentence and he was condemned. This is his direct appeal, and he raises several issues.

    Monroe County