![[SUPREME COURT OF FLORIDA]](sc3d.gif)
Oral Argument Press Summaries
April 6-10, 1998
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.
Due in part to the number of death warrants last month, there will
be arguments only on Monday and Tuesday this week
Remember: LIVE SATELLITE BROADCASTS OF ARGUMENTS MAY BE PREEMPTED
BY THE LEGISLATURE.
CALL ERIN CLEGHORN AT FSU FOR LATEST DETAILS (850) 487-3170 X 347
Did you know you can watch us on the Web in RealAudio/RealVideo?
![[ETCHING: SUPREME COURT OF FLORIDA]](press1.gif)
Robert Craig
Waters, Director of Public Information
(850) 488-0007
Florida Supreme Court Oral Arguments
Monday, April 6, 1998
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 |
| Paul Anthony Brown v. State of Florida
No. 89,537
View briefs in PDF 1,
2,
3,
4 |
Approx. 9:00 |
On Nov. 5, 1992, Brown and an accomplice -- Scott Jason
McGuire -- allegedly murdered Roger Hensley in his apartment in Ormond
Beach. McGuire pled guilty to second-degree murder and received a 40-year
sentence in exchange for his testimony against Brown in a trial held in
October 1996. Brown was convicted and sentenced to death. This is his direct
appeal |
Volusia County
Ormond Beach |
| Revisions to Simplified Forms
No. 92,023
View briefs in PDF 1,
2,
3 |
N/A |
REMOVED FROM CALENDAR |
Statewide impact |
| State of Florida v. J.B. Parker
No. 89,469
View briefs in PDF 1,
2,
3,
4 |
Approx. 10:00 |
Parker and three others -- Alphonso Cave, John Earl Bush,
and Terry Wayne Johnson -- were charged with robbery, kidnapping, and murder
in the death of Frances Julia Slater in Martin County in April 1982. Each
was tried separately. Parker, Cave, and Bush were sentenced to death, and
Johnson to life in prison. In the trials of Parker, Cave, and Bush the
state argued inconsistent positions that each of these men was the one
who actually shot Slater. Parker later discovered undisclosed information
about an incident involving Cave battering his prison cellmate. The cellmate
told authorities that Cave confessed that he (Cave) was the one who actually
shot Slater, and that Bush was the one who stabbed her. Parker filed a
collateral attack on his death penalty, arguing that the state was required
-- but failed -- to disclose this information to him. The trial court agreed
and ordered a new sentencing proceeding. The State appeals. |
Martin County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| State of Florida v. Mompoint Voltaire
No. 92,352
View briefs in PDF 1,
2 |
9:00 |
Voltaire, a Creole speaker, was arrested on cocaine charges.
When questioned by police, Voltaire refused to speak to them in English,
using Creole instead. Officers put Voltaire into a holding cell and summoned
a police officer who spoke Creole. This officer (dressed in a tee-shirt,
shorts, and sneakers) was placed in the cell with Voltaire. The officer
did not disclose he worked for police and proceeded to ask Voltaire why
he was in jail. Voltaire confessed to the crime, but later asked the trial
court to suppress the confession because of police trickery. The trial
court allowed the confession. The Fourth District reversed. |
Broward County |
| St. Mary's Hospital Inc. v. Alonzo Brinson
No. 89,889
Briefs not submitted in electronic format |
Approx. 9:40 |
On Aug. 14, 1992, 19-month-old Alonzette Brinson went
into St. Mary's Hospital for surgery to correct a drooping eyelid. During
the procedure she allegedly received too much anesthesia and went into
cardiac arrest, dying ten days later. Her parents sued for negligence.
During pretrial discovery, they learned that St. Mary's had let the device
used to administer Alonzette's anesthesia be disassembled by the manufacturer.
The parents then added a new claim to their suit alleging this action destroyed
evidence (called "spoliation of evidence") that might have shown the manufacturer
was liable. St. Mary's was found liable for $8.325 million in damages.
The Supreme Court accepted the case to resolve conflicting opinions of
the lower appellate courts about lawsuits for "spoliation of evidence." |
Palm Beach County |
| Norman Parker, Jr. v. State of Florida
No. 89,936
View briefs in PDF 1,
2,
3, 4 |
Approx. 10:30 |
Parker was convicted and sentenced to death for the July
18, 1978, murder of Julio Chavez and the rape of Chavez's girlfriend in
a Dade County drug deal. His penalty was affirmed on appeal. Parker now
alleges that his death penalty must be reconsidered. |
Dade County |
| In re: Public Defender's Certification of Conflict
& Motion to Withdraw Due to Excessive Case Load
Nos. 92,534 & 92,636
No briefs were filed in this case |
Approx. 11:10 |
The 10th Judicial Public Defender, one of only five public
defenders with appellate offices, had a backlog of 751 cases on June 30,
1997, that was growing at a rate of 25 a month. The Second District Court
found that it was reviewing many cases in which defendants had served their
full sentences before the Public Defender filed the appellate brief. The
Second District ordered the Public Defender to stop taking new cases and
eliminate its backlog. Fourteen county governments have complained that
they now must pay for attorneys for indigent appellants, a situation caused
by a backlog in the 10th Circuit (consisting of Hardee, Highlands, and
Polk Counties). The Supreme Court will review the order. |
Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, Sarasota |