Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
October 1-5, 2001

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, October 1, 2001
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

Advisory Opinion to theAttorney General: Slot Machines

SC01-1000

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

9:00

A citizen's initiative toamend the state Constitution has gathered enough signatures for initialreview by the Court. The amendment would authorize slot machines in certainlocations in Florida. If the Court determines that the proposed amendmentmeets rules restricting initiatives to a single subject and requiring afair ballot summary, it will be placed on the ballot in a general election.

Statewide impact

Bonnie Allen v. MarareteDalk

SC01-2

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

Approx. 9:40

Christel D. McPeak, a nativeof Germany, died in May 1999 in Ocala. Before her death, she had a willmade out. In the presence of her attorney and witnesses, McPeak acknowledgedthis document as her last will and testament but, due to oversight, neglectedto sign it as required by law. After her death, a dispute arose betweenthe beneficiaries named in her will-an American sister-in-law and her children-andMcPeak's half sister in Germany. The trial court resolved this disputein favor of the sister-in-law and her children, but on appeal the FifthDistrict reversed.

Marion County

Allstate Insurance Co.v. Victor Ginsberg

SC00-2614

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

Approx. 10:30

Elaine Scarfo worked fora company run by Ginsberg. She alleged that, after she refused sexual overturesby Ginsberg, he took actions that terminated her job. She sued him in federalcourt under an umbrella insurance policy issued to him by Allstate. Thefederal court granted Allstate's motion for summary judgment, but on appealthe U.S. Eleventh Circuit Court of Appeals certified questions to thisCourt as to whether Scarfo's claims could be covered by the policy underFlorida law. 

Broward County

Thomas James Moore v.State of Florida

SC00-2483andSC01-708

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

Approx. 11:10

Moore was tried, convicted,and sentenced to death for the January 1993 murder of Johnny Parrish. Hissentence was affirmed on appeal. He now challenges its validity.

Duval County

Florida Supreme Court OralArguments
Tuesday, October 2, 2001
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

The Florida Bar v. JamesEdmund Baker

SC96,980

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

9:00

The Bar accused Baker ofethics violations for allegedly forging his wife's signature to documentsrelated to the sale of a home they jointly owned. A referee recommendeddisbarment for five years.

Lee County

The Florida Bar v. JohnL. Scott

SC96,087andSC97,020

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

Approx. 9:30

The Bar accused Scott ofethics violations involving sexual misconduct with a client. A refereerecommended an 18-month suspension followed by probation, but The Bar nowasks that he be disbarred.

Suwannee County

Dale Edward Sjuts v.State of Florida

SC01-95

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

Approx. 10:00

The State filed a petitionto civilly commit Sjuts under the Jimmy Ryce Act. A public defender wasappointed to represent Sjuts and filed counterclaims alleging that hiscivil rights had been violated during psychiatric evaluations. The Stateargued that a public defender had no authority to pursue civil rights claimson behalf of a defendant. The trial court dismissed the claims, and theSecond District Court affirmed the dismissal.

Polk County

Robert Morris v. Stateof Florida

SC95,623

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

Approx. 10:40

Morris was charged withthe September 1994 murder of Violet Livingston. The jury found him guiltyas charged and recommended the death penalty by a vote of 8-to-4. The trialjudge imposed it. This is Morris' direct appeal.

Polk County

Florida Supreme Court OralArguments
Wednesday, October 3,2001
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 Rules Relatingto Admission to the Bar

SC96,869

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

9:00

The Florida Board of BarExaminers has petitioned the Court to make changes to the rules regulatingadmission to The Florida Bar. They include raising the passing score onthe Bar Exam.

Statewide impact

Loran Cole v. State ofFlorida

SC00-1388andSC01-192

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

Approx. 9:40

Cole was tried, convicted,and sentenced to death for the February 1994 murder of John Edwards. Hissentence was affirmed on appeal. He now challenges its validity.

Marion County

William Melvin Whitev. State of Florida

SC00-1148

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Approx. 10:30

White was tried, convicted,and sentenced to death for the June 1978 murder of Gracie Mae Crawford.His case was sent back for a new sentencing proceeding due to errors, andhe again received the death penalty. This is his direct appeal from thenew sentence.

Orange County

Timothy Lee Hurst v.State of Florida

SC00-1042

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

Approx. 11:10

Hurst was charged with theMay 1998 murder of Cynthia Harrison at a restaurant on Nine Mile Road nearPensacola. He was convicted and sentenced to death. This is his directappeal.

Escambia County

Florida Supreme Court OralArguments
Thursday, October 4,2001
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

Inquiry Concerning aJudge: Patricia Kinsey

SC96,629

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9:00

Judge Kinsey is accusedof ethical violations allegedly committed when she campaigned for her judgeship.The Judicial Qualifications Commission, which investigated alleged misconductof state judges, has recommended that the Court publicly reprimand herand impose a fine of $50,000. 

Escambia County

William Earl Sweet v.State of Florida

SC00-1509

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

Approx. 9:40

Sweet was tried, convicted,and sentenced to death for the June 1990 murder of Felicia Bryant. Hissentence was affirmed on appeal. He now challenges its validity.

Duval County

Arthur Barnhill III v.State of Florida

SC00-547

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Approx. 10:30

Barnhill was charged withthe August 1995 murder of Earl Gallipeau. The jury convicted him and recommendedthe death penalty by a vote of 9-to-3. The trial court imposed it. Thisis Barnhill's direct appeal.

Seminole County

Charles Murray v. KathleenA Kearney

SC01-100andSC01-174

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

Approx. 11:30

Murray was ordered committedas a sexually violent predator. He objected on grounds this violated aplea agreement he entered with the state. Murray filed a petition for habeascorpus with the Fourth District Court, which held that it did not havejurisdiction and transferred the case to the Third District Court. TheThird District also dismissed for lack of jurisdiction and transferredthe case back to the Fourth District, which ultimately concluded againthat it lacked jurisdiction.

Dade County

Florida Supreme Court OralArguments
Friday, October 5, 2001
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 Eugene Hunter v.State of Florida

SC00-1885andSC01-836

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8:30

Hunter was tried, convicted,and sentence to death for the September 1992 murder of Wayne Simpson. Hissentence was affirmed on appeal. He now challenges its validity.

Volusia County

Mary Chester v. VictorDoig, M.D.

SC01-348

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Approx. 9:10

Charles Chester died ofnegligently performed heart surgery. His wife Mary filed a notice of intentto sue, and the physician involved, Doig, opted to arbitrate. HallifaxMedical Center settled for $150,000. The arbitrator awarded Chester morethan $500,000 against Doig and also found that this amount would not bereduced by the $150,00 already paid by Hallifax. The Fifth District reversed.

Volusia County

James Lee Hall v. Stateof Florida

SC00-2358

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Approx. 9:50

Hall entered into a pleaagreement under which he was sentenced for theft and dealing in propertytaken in the same theft. His sentence was affirmed by the District Court.He now argues that dual convictions of this type are prohibited by law,and that the sentencing scheme under which he was sentenced, Florida'snew Criminal Punishment Code, is unconstitutional.

St. Lucie County

John Hall v. State ofFlorida

SC01-42

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

Approx. 10:30

Hall was sentenced to consecutiveterms of five years for possession of cocaine and another five years forresisting arrest with violence under Florida's new Criminal PunishmentCode. On appeal, he challenged the constitutionality of the Code on a varietyof grounds, but the District Court affirmed his sentences.

Gadsden County

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