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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    December 3 to 7, 2012

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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.

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

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

    Questions, comments? publicinformation@flcourts.org


     

    Florida Supreme Court Oral Arguments

    Monday, December 3, 2012

    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

    Jerry Michael Wickham v. State of Florida

    SC11-1193 | SC12-303

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

    9:00

    Mr. Wickham was convicted of the first-degree murder of Morris Fleming, who was fatally shot in1986. The jury voted 11-1 to recommend a death sentence and the trial court condemned him to death. This Court upheld the sentence on direct appeal. Mr. Wickham filed a post-conviction challenge in trial court and it was denied. But this Court later remanded the case to the trial court for a new evidentiary hearing. After holding the hearing, the trial court again denied Mr. Wickham's post-conviction challenge and this appeal followed.

    Leon County

     

    Florida Supreme Court Oral Arguments

    Tuesday, December 4, 2012

    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 McCoy v. State of Florida

    SC10-2206

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

    9:00

    Mr. McCoy was convicted of the first-degree murder of Shervie Ann Elliot, who was fatally shot in 2000 in the liquor store where she worked. The jury voted 7-5 to recommend a death sentence and the trial court condemned him to death. This Court upheld his sentence on direct appeal and Mr. McCoy filed a post-conviction challenge in trial court. It was denied and this appeal followed.

    Duval County

    State of Florida v. Sirron Johnson

    SC09-1570

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

    Approx. 9:40
    Mr. Johnson was sentenced to 48 years in prison for the armed kidnapping, robbery and sexual battery of three women. The First District Court of Appeal rejected his appeal. Mr. Johnson next challenged his sentences in trial court, which ruled that two of his sentences exceeded the state maximum. He was resentenced to 40 years on each count and then filed a new challenge against his new sentences. The trial court denied it but the 1st DCA overturned the trial court. This Court granted review to resolve a conflict in the district courts.
    Duval County

    Merly Nunez v. GEICO General Insurance Co.

    SC12-650

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

    Approx. 10:30
    The 11th U.S. Circuit Court of Appeals has asked this Court whether Florida law allows an insurer to require that a policy holder show up to be questioned under oath about a claim in order to receive benefits due under a personal injury protection auto policy. The question arose in the course of a class-action lawsuit that Ms. Nunez filed against Geico in state court. Geico transferred the case to federal trial court, where it was dismissed. Ms. Nunez appealed to the 11th Circuit.
    South Florida

     

    Florida Supreme Court Oral Arguments

    Wednesday, December 5, 2012

    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

    Tommy Lee Alcorn v. State of Florida

    SC11-1322

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

    9:00
    Mr. Alcorn rejected a plea agreement for 12 years in prison for drug charges. He went to trial and was convicted. The court sentenced him to 30 years in prison as a habitual offender. He challenged his conviction, arguing his attorney had incorrectly told him he did not qualify as a habitual offender. The trial court denied his claim and the Fourth District Court of Appeal upheld the trial court. The 4th DCA also said its decision conflicted with rulings from other District Courts of Appeal.
    Indian River County

    Theodore Rodgers, Jr. v. State of Florida

    SC11-2259

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

    Approx. 9:40

    Mr. Rodgers was convicted of the first-degree murder of Teresa Henderson, who was fatally shot in 2001. The jury voted 8-4 to recommend a death sentence and the trial court condemned him to death. This Court upheld his sentence on direct appeal and Mr. Rodgers filed a post-conviction challenge in trial court. It was denied and this appeal followed.

    Orange County

    Leonard Patrick Gonzalez, Jr. V. State of Florida

    SC11-475

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

    Approx. 10:30
    Mr. Gonzalez was convicted of the first-degree murders of Byrd and Melanie Billings, who were fatally shot in their home in 2009. The jury voted 10-2 to recommend a death sentence for each murder and the trial court condemned him to death. This is his direct appeal. He raises various issues.
    Escambia County

    Washington National Insurance Corp. V. Sydelle Ruderman

    SC12-323

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

    Approx. 11:30
    The 11th U.S. Circuit Court of Appeals has asked this Court what Florida law requires in cases where the meaning of a provision in an insurance policy is ambiguous. Washington National argues there is no ambiguity in its home health care policy and cites various documents as proof. Ms. Ruderman and others argue language in the policy providing an 8 percent annual increase in benefits is ambiguous and should be interpreted in their favor.
    Statewide impact

     

    Florida Supreme Court Oral Arguments

    Thursday, December 6, 2012

    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

    State of Florida v. Michael Peter Fitzpatrick

    SC11-1509

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

     

    9:00
    A jury convicted Mr. Fitzpatrick of the first-degree murder and sexual battery of Laura Romines, who was fatally stabbed in 1996. The jury voted 10-2 to recommend a death sentence and the trial court condemned him to death. This Court upheld his sentence on direct appeal and Mr. Fitzpatrick filed a post-conviction challenge in trial court. The trial court granted him a new trial and this appeal followed.
    Pasco County

    Joel Diaz v. State of Florida

    SC11-949 | SC12-289

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

    Approx.
    9:40

    Mr. Diaz was convicted of the first-degree murder of Charles Shaw, who was fatally shot in 1997. The jury voted 9-3 to recommend a death sentence and the trial court condemned Mr. Diaz to death. This Court upheld the death sentence on direct appeal and Mr. Diaz filed a post-conviction challenge in trial court. It was denied and this appeal followed.

    Lee County

    The Florida Bar v. Richard Lee Buckle

    SC10-1533

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

    Approx. 10:30

    In this disciplinary case, The Florida Bar accuses Mr. Buckle of ethical violations related to his handling of a child custody matter. The trial judge who considered the allegations as a referee concluded Mr. Buckle was guilty of violating rules that require attorneys to act diligently on cases and to keep clients informed. The referee also concluded Mr. Buckle had charged an excessive fee. The referee recommended that this Court disbar Mr. Buckle. Mr. Buckle argues he is innocent of the allegations; The Bar supports the referee's conclusions and recommended discipline.

    Justice Quince is recused.

    Manatee County

     

    Florida Supreme Court Oral Arguments

    Friday, December 7, 2012

    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