Oral Argument Schedule & Briefs

Case

 Time

Facts & Issues

Place of Origin

Herbert N. Price v. State of Florida

SC06-2045

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9:00

Mr. Price was convicted of sexual battery upon an incapacitated person. He filed a petition for habeas corpus in the trial court, arguing there were serious flaws in the document that outlined the charges against him. The trial court denied the challenge and the Fifth District Court of Appeal upheld that ruling. Mr. Price then asked this Court for review.

Volusia County

Steven Edward Stein v. State of Florida

SC06-1505

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Approx. 9:40

Mr. Stein was convicted of the first-degree murders of Dennis Saunders and Bobby Hood, who were fatally shot during a restaurant robbery in 1991. The jury voted 10-2 to recommend a death sentence for each murder and he was condemned. This Court upheld the convictions and sentences on direct appeal and Mr. Stein filed a post-conviction challenge in the trial court. It was denied and this appeal followed.

Duval County

James Franklin Rose v. State of Florida

SC06-473

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Approx. 10:30

Mr. Rose was convicted of the first-degree murder of 8-year-old Lisa Berry, who was fatally beaten in 1976. He was sentenced to death twice but this Court vacated the sentences on appeal and ordered new sentencing proceedings. After the third sentencing, the jury voted 9-3 to recommend a death sentence and Mr. Rose was condemned a third time. This Court upheld the sentence on direct appeal and Mr. Rose filed a post-conviction challenge in the trial court. It was denied and this appeal followed.

Broward County

Case

 Time

Facts & Issues

Place of Origin

Sandra Frosti v. La Verne Creel

SC07-122

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9:00

Ms. Frosti was injured in a rear-end collision in which William Houk admitted negligence. At trial, a jury awarded Ms. Frosti $94,470.66. Ms. Frosti's attorney filed a motion for attorney fees and costs. The trial court denied the motion and the Second District Court of Appeal upheld the trial court. Ms. Frosti appeals to this Court.

Pinellas County

Eric Martinez v. State of Florida

SC06-1597

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Approx. 9:40

Mr. Martinez was convicted of the attempted first-degree murder of his girlfriend, Rubentania Rijo, who was stabbed several times. On appeal, he argued the trial court improperly told jurors he could not claim self-defense if he was engaged in a forcible felony. The Third District Court of Appeal agreed that the trial court erred in reading the forcible felony jury instruction, but concluded that the mistake did not constitute fundamental error.

Miami-Dade County

Thomas D. Woodel v. State of Florida

SC05-1336

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Approx. 10:30

Mr. Woodel was convicted of the first-degree murders of Clifford and Bernice Moody, who were fatally injured in an attack in their trailer in December 1996. Mr. Woodel was sentenced to death for both murders but this Court vacated the sentences. A new jury voted 7-5 to recommend a death sentence for the murder of Mrs. Moody and recommended a life sentence for the murder of Mr. Moody. The trial judge followed those recommendations in sentencing Mr. Woodel to one life sentence and one death sentence. This is his direct appeal of the death sentence.

Polk County

Case

 Time

Facts & Issues

Place of Origin

The Florida Bar v. Victor Joseph Labruzzo

SC06-1834

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9:00

Mr. Labruzzo pleaded guilty to one count of second-degree grand theft and one count of third-degree grand theft; adjudication was withheld on both counts. The Florida Bar filed ethics charges against Mr. Labruzzo. The judge assigned to the case as a referee concluded that Mr. Labruzzo had violated ethical standards and recommended that this Court suspend him from the practice of law for three years. Mr. Labruzzo argues that is too harsh and that the appropriate penalty is a one-year suspension. The Florida Bar argues that Mr. Labruzzo should be disbarred.

Miami-Dade County

Bertha Jackson v. State of Florida

SC07-659

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Approx. 9:30

Ms. Jackson was convicted of aggravated battery with a deadly weapon and sentenced to five years in prison. On appeal, she argued the trial judge violated her constitutional due process rights by hearing the victim testify about the impact of the crime for purposes of sentencing when Ms. Jackson's lawyer was not present. The Second District Court of Appeal upheld the sentence, finding that the error was not properly preserved for appeal. The 2nd DCA also certified conflict with a decision by the First District Court of Appeal, which held that the lack of legal representation during sentencing is a fundamental error that can be considered on direct appeal even though unpreserved.

Polk County

State of Florida v. Charles A. Kettell, Sr.

SC07-573

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Approx. 10:10

Mr. Kettell was convicted of firing a gun inside his home. He appealed to the Second District Court of Appeal, arguing the instructions that the judge gave to the jury minimized the state's burden of proof. The 2nd DCA agreed the instructions were not adequate and reversed the conviction. The state appealed to this Court, arguing the 2nd DCA's decision is in conflict with a decision by the Fifth District Court of Appeal in another case.

Pinellas County

Case

 Time

Facts & Issues

Place of Origin

Vincent Roebuck v. State of Florida

SC07-807

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9:00

Mr. Roebuck was convicted of lewd or lascivious battery of a 14-year-old girl and sentenced to 12 years in prison. He appealed, arguing that the trial court erred by not allowing him to present evidence that the girl had made a false accusation in the past. The First District Court of Appeal upheld Mr. Roebuck's conviction and certified conflict with two decisions of the Second District Court of Appeal.

Leon County

Dale Johnson v. State of Florida

SC07-368

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Approx. 9:40

Mr. Johnson was convicted of felony DUI. He appealed, arguing that his right to a jury trial was violated because the trial judge alone determined that Mr. Johnson had the three prior DUI convictions required to make the latest DUI a felony. The Fourth District Court of Appeal rejected the argument, ruling that Mr. Johnson had waived his right to a jury trial.

Broward County

Arnold Matheny & Eagen v. First American Holdings

SC07-1136

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Approx. 10:30

Arnold, Matheny & Eagan represented Preclude, Inc., in a lawsuit that resulted in a $50,000 award. In an unrelated lawsuit, Preclude owed First American Holdings $26,000. First American got a court order to garnish funds held by Arnold, Matheny & Eagan for Preclude. But the law firm had already written a check to Preclude for its share of the award. Arnold, Matheny & Eagan told First American it did not have possession of any funds for Preclude. First American appealed, arguing that since the check to Preclude had not yet cleared the bank, the law firm did have possession of the funds and could have issued a stop-payment order. The Second District Court of Appeal agreed.

Hillsborough County

Case

 Time

Facts & Issues

Place of Origin

Florida Department of Environmental Protection v. Contractpoint Florida Parks

SC07-1131

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8:30

ContractPoint sued DEP, accusing the agency of wrongfully terminating the company's contract to build and operate cabins and concessions in eight state parks. After a jury trial, judgment was entered against DEP for $628,543. DEP argued it was barred by a state statute from paying the judgment without an appropriation from the Legislature. The trial court agreed but the First District Court of Appeal reversed, ruling that the statute cannot be interpreted to find that sovereign immunity is a bar to payment of breach of contract judgments, which would render state contacts void and meaningless.

Leon County