Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
August 30 to September 3, 2004

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, August 30, 2004
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.table border width="100%">

Case

Time

Facts & Issues

Place of Origin

Anthony Williams v. Stateof Florida

SC03-1660

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

9:00

In this case the Fifth Districtcertified the following question to the Court as one of great public importance:Are the Anders procedures applicable to criminal cases to be followed incases involving appeals from Jimmy Ryce Act Commitment Orders?

Orange County

Donny Lee Crook v. Stateof Florida

SC03-455

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Approx. 9:40

A jury found Donny Crookguilty of first degree murder and recommended by a 7-to-5 vote that hebe sentenced to death. The trial court sentenced Crook to death, but thisCourt remanded the case back to the trial court for reconsideration ofsome of the mitigating factors in the case. The trial court resentencedCrook to death. Crook now appeals his death sentence after the resentencing.

Highlands County

David Snelgrove v. Stateof Florida

SC02-2242

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Approx. 10:30

David Snelgrove was convictedof two counts of first-degree murder, one count of armed robbery with adeadly weapon, and one count of burglary of a dwelling with battery, inconnection with the deaths of Glyn and Vivian Fowler in June 2000. He nowappeals his convictions and death sentences.

Flagler County

Florida Dept. of Revenuev. Joseph C. Howard

SC03-2270

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

Approx. 11:30

This is an appeal from adecision of the First District Court finding a property tax statute unconstitutional.

Leon County

Florida Supreme Court OralArguments
Tuesday, August 31, 2004
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

Jeb Bush v. Michael Schiavo

SC04-925

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9:00

In February 1990, TerriSchiavo experienced a cardiac arrest that led to severe brain damage. Herhusband Michael Schiavo was appointed her guardian and later sought a courtorder to discontinue life-prolonging procedures, which he obtained. Aftermuch post-trial litigation, the life-prolonging procedures were removedin October 2003. Nearly a week later the Legislature passed a law lettingthe Governor issue a one-time stay to prevent the withholding of life supportfor people in similar situations. He issued a stay for Terri Schaivo. MichaelSchiavo sued. The trial court held the law unconstitutional, and the SecondDistrict certified the case to the Supreme Court. 

Special procedures applyto attendance & media coverage of this case. Seehttp://www.flcourts.org/pubinfo/schiavo/

Pinellas County

Global Travel Marketing,Inc. v. Mark P. Shea

SC03-1704

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

Approx. 9:40

During an African safariwith his mother, an 11-year-old child was killed by hyenas. The fathersued the travel company on behalf of the child's estate. The trial courtgranted a motion to compel arbitration of the claim pursuant to a provisionof the travel contract. The Fourth District reversed and certified thisquestion of great public importance: Whether a parent's agreement in acommercial travel contract to binding arbitration on behalf of a minorchild with respect to prospective tort claims arising in the course ofsuch travel is enforceable as to the minor.

Broward County

Sandra Malu v. SecurityNational Insurance Co.; Lazaro Padilla v. Liberty Mutual Insurance Co.

SC03-1327|SC03-1432

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Approx. 10:30

Malu and Padilla filed separatesuits claiming that the mileage reimbursement rate offered to them by theirauto insurers was not reasonable. The trial courts held that the reimbursementamount was reasonable as a matter of law. The Third and Fourth DistrictCourts affirmed the trial court orders on the basis that the statute doesnot provide for reimbursement of mileage expenses. This holding is in conflictwith a 1986 decision from the Fifth District Court of Appeal.

Broward County

Jermaine Foster v. Stateof Florida

SC03-1331

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Approx. 11:10

Foster was convicted andsentenced to death for a November 28th, 1993 double murder of Anthony Cliftonand Anthony Faiella. In his 1996 direct appeal to this Court his sentencedwas affirmed. This is Foster's initial 3.850 appeal to this Court afterthe denial of his 3.850 claims by the postconviction court. 

Osceola County

Florida Supreme Court OralArguments
Wednesday, September1, 2004
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

Frank A. Walls v. Stateof Florida

SC03-633|SC03-1955

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9:00

Walls was convicted of first-degreemurder and sentenced to death for the 1987 murder of Ann Peterson. In his1994 direct appeal, this Court affirmed both the judgment and the sentence.This is Walls' initial 3.850 appeal after the circuit court denied himpostconviction relief on various claims of ineffective assistance of trialcounsel. Walls has also filed a petition for writ of habeas corpus, raisingclaims that appellate counsel was ineffective and Ring v. Arizona claims.

Okaloosa County

James Delano Winklesv. State of Florida

SC03-935

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Approx. 9:40

Having pled guilty to twocounts of first-degree murder and having waived a penalty-phase jury, Winklesin this appeal raises two issues challenging the constitutionality of hisdeath sentence. He argues that under Ring v. Arizona, a jury mustfind the aggravating circumstances in the penalty phase and that aggravatingfactors must be charged in the indictment.

Pinellas County

Vincent P. Cravero v.LLP Mortgage Ltd.

SC03-1671

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Approx. 10:40

In 1995, the Petitionersdefaulted on their mortgage, and the U.S. Small Business Administrationaccelerated their debt. In 2001, the SBA assigned this mortgage to LLPMortgage Ltd. The five-year statute of limitations had already run on LPP'sclaim. The question presented is whether LLP, as the SBA's assignee, inheritedthe government's immunity from Florida's statute of limitations.

Broward County

William C. Bulgin v.State of Florida; Kinjal H. Patel v. State of Florida; Brandon P. Pelkyv. State of Florida

SC03-2214|SC03-2215 | SC03-2217

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Approx. 11:20

The defendants were dischargedfrom criminal charges after they successfully argued that their speedytrial rights were violated. The First District Court of Appeal reversedthe trial courts' decisions, finding that the delay in holding trial wasattributable to the defendants and therefore an exception to the speedytrial rule applied. The defendants now appeal to this Court, claiming thatthe First District's decision conflicts with a decision from the FifthDistrict Court of Appeal.

Leon County

Florida Supreme Court OralArguments
Thursday, September 2,2004
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

Melvin Trotter v. Stateof Florida

SC03-735|SC03-1967

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9:00

Canceleddue to Hurricane Frances

Manatee County

Walter Goldberg v. FloridaPower & Light Co.

SC03-1942

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Canceleddue to Hurricane Frances

Dade County

Crescent Miami Center,LLC v. Florida Dept. of Revenue

SC03-2063

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Canceleddue to Hurricane Frances

Dade County

Amendments to FloridaRules of Workers' Compensation Procedure

SC04-110

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 9:00

In this case, the Courtwill review proposed amendments to the Florida Rules of Workers' CompensationProcedure.

Statewide impact

Florida Supreme Court OralArguments
Friday, September 3,2004
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

Amendments to the Rulesof Judicial Administration

SC04-135

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Canceleddue to Hurricane Frances

Statewide impact

State of Florida v. AdamSousa

SC03-2128

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Canceleddue to Hurricane Frances

Lee County

Darrick T. Adaway v.State of Florida

SC04-239

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Canceleddue to Hurricane Frances

Dade County

Alfonso Green v. Stateof Florida

SC02-2315

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Canceleddue to Hurricane Frances

Hillsborough County

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