Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
March 3-7, 2003

The following summaries are drawn from briefs and lower court judgments.They are meant to provide a general idea of facts and issues presentedin cases, and should not be considered official court documents. Factsand issues presented in these summaries should be checked for accuracyagainst records and briefs, available from the Court, which provide morespecific information.

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

RobertCraig Waters, Director of Public Information
(850) 414-7641

Florida Supreme Court OralArguments
Monday, March 3, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

State of Florida v. BennieDemps

SC01-1301| SC02-302

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

9:00

Two attorneys, George Schaeferand William Salmon, represented Bennie Demps in his final appeal to thisCourt before his execution in June 2000. In separate proceedings, differenttrial court judges awarded attorney's fees to each attorney. The judgewho heard Schaefer's claim declared the $100 per hour fee mandated by section27.711, Florida Statutes, unconstitutional as to him. The judge who consideredSalmon's claim ruled he was entitled to compensation although he is notlisted in the Registry of attorneys qualified to be paid by the State forsuch representation. The state comptroller appeals both awards.

Bradford County

State of Florida v. TonyA. Carwise

SC02-1670

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

Approx. 9:40

Tony A. Carwise confessedto and was convicted of conspiracy to commit armed robbery. His convictionwas reversed on appeal due to the government's failure to establish byevidence independent of the confession that the crime of conspiracy hadoccurred. In its decision reversing Carwise's conviction, the Fifth DistrictCourt of Appeal certified a question to the Supreme Court. It asked whetherFlorida courts should retain the current standard for corroborating confessionsor employ the more flexible standard utilized by federal courts.

Volusia County

Luis Caballero v. Stateof Florida

SC01-651

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

Approx. 10:30

Caballero was tried andconvicted for the July 1995 murder of Denise Rose O'Neill. At the penaltyphase, a jury recommended death 8-to-4. The trial judge imposed the deathpenalty. This is Caballero's direct appeal.

Broward County

Florida Supreme Court OralArguments
Tuesday, March 4, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

Legislature Convenes- No Cases Scheduled

Florida Supreme Court OralArguments
Wednesday, March 5, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

Demetris Omarr Thomasv. State of Florida

SC00-1092|SC01-166| SC01-837

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

9:00

The United States SupremeCourt ruled that executing mentally retarded offenders constitutes crueland unusual punishment under the Eighth Amendment. These cases were consolidatedfor discussion of the effect of that ruling in Florida and in these cases.

Duval, Manatee, & OkaloosaCounties

Statewide impact

Thomas Dewey Pope v.State of Florida

SC02-1141|SC02-1833

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

Approx. 10:00

Pope was tried, convicted,and sentenced to death for the 1981 murder of Kristine Walters. His sentencewas affirmed on appeal. He now challenges its validity.

Broward County

Lawrence Joey Smith v.State of Florida

SC01-2103

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

Approx. 10:40

Smith was charged with the1999 murder of Robert Crawford and attempted murder of Stephen Tuttle.He was found guilty on both counts and, at the penalty phase, a jury recommendeddeath 8-to-4. The trial judge sentenced Smith to life imprisonment forthe attempted murder conviction and imposed the death penalty for the murderconviction. This is Smith's direct appeal.

Pasco County

Florida Supreme Court OralArguments
Thursday, March 6, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

James Aren Duckett v.State of Florida

SC01-2149| SC02-1300

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

9:00

Duckett was tried, convicted,and sentenced to death for the May 1987 murder of Teresa McAbee. His sentencewas affirmed on appeal. He now challenges its validity and petitions thisCourt for a writ of habeas corpus. 

Lake County

Duane Owen v. State ofFlorida

SC95,526

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

N/A

Removed from calendar

Palm Beach County

James Michael Hughesv. State of Florida

SC02-2247

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

Approx. 9:40

In 1999 Hughes was triedand convicted of a third degree felony and sentenced under the guidelines,with points assessed for legal status and victim injury, in excess of the60-month statutory maximum. After his conviction and sentence were final,Hughes filed a motion alleging that the U.S. Supreme Court's decision inApprendi v. New Jersey should be applied retroactively. The trial courtdenied the motion. The district court affirmed but certified the questionof whether Apprendi applies retroactively.

Washington County

Florida Supreme Court OralArguments
Friday, March 7, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

No cases scheduled

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