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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    December 1-5, 2008

    Printer Friendly Oral Argument Schedule (PDF)

    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.

    Via Satellite: Check with Rick Potrikus WFSU Television (800) 322-WFSU for further satellite information, or see:

    http://wfsu.org/tv/satellite_services.html

    Some local cable systems in Florida usually carry our broadcasts live or tape-delayed.
    See the partial list of these systems.

    Watch us on the Web in RealVideo at http://wfsu.org/gavel2gavel/
    If you miss a live case, view it from our archive at http://wfsu.org/gavel2gavel/archives/index.html

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

    Questions, comments? publicinformation@flcourts.org


    Florida Supreme Court Oral Arguments

    Monday, December 1, 2008

    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 arguments scheduled

     

     

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, December 2, 2008

    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

    Inquiry Concerning a Judge re: Michael E. Allen

    SC07-774

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

    9:00

    The Judicial Qualifications Commission argues that First District Court of Appeal Judge Michael E. Allen has violated canons of the Code of Judicial Conduct. Judge Allen denies violating the code. (Justices Canady and Polston recused)

    Leon County

    Curtis W. Beasley v. State of Florida

    SC06-2375

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

    Approx. 9:40

    Mr. Beasley was convicted of the first-degree murder of Carolyn Monfort, who was fatally beaten in her home in 1995. The jury voted 10-2 to recommend a death sentence and he was condemned. This Court upheld the death sentence on direct appeal and Mr. Beasley filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Beasley raises various issues.

    Polk County

    Charles C. Peterson v. State of Florida

    SC06-252

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

    Approx. 10:30

    Mr. Peterson was convicted of the first-degree murder of John Cardoso, who was fatally shot in 1997. The jury voted 8-4 to recommend a death sentence and he was condemned. This is his direct appeal. He raises several issues.

    Pinellas County

    Kelly Wallace v. Ed Dean, Sheriff

    SC08-149

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

    Approx. 11:30

    Ms. Wallace sued the Marion County sheriff, alleging two deputies from his office did nothing after they found her mother unresponsive in her home. A few days later Ms. Wallace's mother died without ever having regained consciousness. The trial court dismissed the wrongful death lawsuit. The Fifth District Court of Appeal upheld the trial court and ruled there was no common law duty of reasonable care.

    Marion County

    Eli Enrique Valdes v. State of Florida

    SC07-2256

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

    Approx. 12:10

    Mr. Valdes was convicted of firing a gun from a car and shooting at or into an occupied car and sentenced to 30 years in prison for each count. On appeal to the Third District Court of Appeal he argued that the convictions stem from the same act and thus violate his protection against double jeopardy. The 3rd DCA, however, disagreed and upheld the convictions.

    Miami-Dade County

     

    Florida Supreme Court Oral Arguments

    Wednesday, December 3, 2008

    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

    Jason Andrew Simpson v. State of Florida

    SC07-798

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

    9:00

    Mr. Simpson was convicted of the first-degree murders of Archie Crook Sr. and Kimberli Kimbler in 1999. Mr. Crook and Ms. Kimbler were both attacked with an axe. The jury voted 8-4 to recommend a death sentence for Mr. Crook's murder and 9-3 to recommend a death sentence for Ms. Kimbler's murder. The trial court condemned Mr. Simpson for both murders. This is his direct appeal. He raises several issues.

    Duval County

    Metropolitan Casualty Insurance Co. V. Robert Tepper

    SC07-2428

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

    Approx. 10:00

    Mr. Tepper, a bike rider, was hurt when he was involved in a collision with a car. He sued the car's driver for negligence and Metropolitan, his own insurer, to recover benefits under his underinsured motorist policy. The car driver's insurer offered to settle but Metropolitan refused to let Mr. Tepper accept the offer. Instead, Metropolitan paid Mr. Tepper the amount of the settlement offer, intending to then try to recoup the money from the car driver. The driver, however, asked the trial court to drop him from the lawsuit and the court agreed. The Fifth District Court of Appeal upheld the trial court.

    Flagler County

    The Florida Bar v. James Harvey Tipler

    SC03-149 | SC05-1014 | SC06-1775

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

    Approx. 10:40

    In these disciplinary cases, The Florida Bar accuses Mr. Tipler of violating ethical standards governing lawyers. One case was triggered by his guilty plea to misdemeanor charges of prostitution and involved a sex-for-fees arrangement with a client. Another case was triggered by a guilty plea in Alabama to a misdemeanor charge of interfering with a judicial proceeding. The third case involved the handling of clients' money and the level of legal services provided. Referees in the cases concluded Mr. Tipler did act unethically and recommended sanctions of suspension and disbarment. Mr. Tipler challenges those conclusions.

    Okaloosa County

    Jeffrey Allen Muehleman v. State of Florida

    SC05-353

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

    Approx. 11:10

    Mr. Muehleman was convicted of the first-degree murder of 97-year-old Earl Baughman, who was beaten, strangled and smothered in 1983. Mr. Muehleman was condemned but the death sentence was overturned by this Court, which ordered a new sentencing hearing. In the second sentencing hearing, the jury voted 10-2 to recommend a death sentence and he was condemned. This is his direct appeal of his second death sentence. He raises several issues. (Chief Justice Quince recused)

    Pinellas County

     

    Florida Supreme Court Oral Arguments

    Thursday, December 4, 2008

    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

    Labrant Dennis v. State of Florida

    SC04-2176 | SC07-2208

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

    9:00

    Mr. Dennis was convicted of the first-degree murders of Timwanika Lumpkins and Marlin Barnes, who were fatally beaten in 1996. The jury voted 11-1 to recommend a death sentence for each murder and Mr. Dennis was condemned. This Court upheld the death sentences on direct appeal and Mr. Dennis filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Dennis raises several issues. Mr. Dennis has also filed a habeas corpus petition.

    Miami-Dade County

    The Florida Bar v. Nadege Elliott

    SC07-2

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

    Approx. 9:40

    In this disciplinary case, The Florida Bar accuses Ms. Elliott of violating the ethical standards governing attorneys. The judge assigned to the case as a referee concluded she failed to provide competent representation, charged excessive fees and mishandled her clients' money. The judge recommends Ms. Elliott be suspended from the practice of law for two years. The Florida Bar argues that Ms. Elliott should be permanently disbarred. Ms. Elliott concedes some sanction may be warranted but argues that it should be less than a two-year suspension.

    Broward County

    Kaynan Fitchner v. Lifesouth Community Blood Centers, Inc.

    SC08-174

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

    Approx. 10:10

    Ms. Fitchner's 7-year-old son, Chase, fell into a coma and ultimately died after receiving a transfusion of blood contaminated with West Nile virus. She filed a negligence lawsuit against LifeSouth Community Blood Centers, accusing the blood bank of failing to use reasonable screening procedures. LifeSouth argued that the lawsuit should be dismissed because Ms. Fitchner did not comply with requirements for medical malpractice lawsuits. Ms. Fitchner won the lawsuit but LifeSouth appealed to the First District Court of Appeal, which reversed the trial court and ruled the lawsuit should be dismissed. The 1st DCA also certified the issue of one of great public importance for this Court to address. (Justice Polston recused)

    Alachua County

    John Loveman Reese v. State of Florida

    SC07-1309

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

    Approx. 10:50

    Mr. Reese was convicted of the first-degree murder of Charlene Austin, who was fatally strangled in 1992. The jury voted 8-4 to recommend a death sentence and he was condemned. This Court upheld the death sentence on direct appeal and Mr. Reese filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Beasley raises various issues. (Chief Justice Quince recused)

    Duval County

     

    Florida Supreme Court Oral Arguments

    Friday, December 5, 2008

    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 arguments scheduled