Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
December 1-5, 2003

NOTE: The Busby case previously scheduled for Thursday
has been rescheduled for Friday at 9 a.m.

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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Case

Time

Facts & Issues

Place of Origin

No cases scheduled

Florida Supreme Court OralArguments
Tuesday, December 2,2003
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

Pablo Ibar v. State ofFlorida

SC00-2043

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

9:00

Ibar was charged with theJune 1994 murders of Casimir Sucharski, Sharon Anderson, and Marie Rogers.The jury found him guilty and recommended the death penalty 9-to-3. Thetrial court sentenced him to death. This is his direct appeal.

Broward County

Spanish connection

Lewis Ward v. GregoryS. Brown

SC03-783

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

Approx. 10:00

The Petitioners in thiscase appeal the striking of their challenge to a tax assessment under thesixty-day jurisdictional time limit period provided by law. Petitionersargued that their property should have been classified as exempt governmentproperty. The Petitioners argue that challenges to classification of propertyare not subject to the sixty-day filing period for assessment challenges.The First District Court of Appeal found that the Petitioners' "classification"argument was tantamount to an assessment challenge and agreed with thetrial court that it was untimely filed. The Petitioners now seek a reversalof the First District's opinion.

Santa Rosa County

Dwayne Irwin Parker v.State of Florida

SC02-1471| SC03-1045

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

Approx. 10:40

Parker was tried, convicted,and sentenced to death for the April 1989 murder of William Nicholson.His sentence was affirmed on appeal. He now challenges its validity.

Broward County

Advisory Opinion to theAttorney General: Slot Machines

SC03-857

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

Approx. 11:20

The Attorney General hasasked the Court to review a proposed constitutional amendment that wouldauthorize slot machines under certain conditions in Miami-Dade and BrowardCounties. The Court must determine whether the proposed ballot summarymeets legal requirements.

Miami-Dade & BrowardCounties

Florida Supreme Court OralArguments
Wednesday, December 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.

Case

Time

Facts & Issues

Place of Origin

Post-Newsweek StationsFlorida, Inc. v. City of Miami

SC03-530

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

9:00

This case involves an attemptto obtain records related to criminal charges brought against then-MiamiMayor Joe Carollo for alleged domestic violence against his wife. The ThirdDistrict Court held that the records remained exempt from public inspectionunder the active criminal intelligence or investigative information exemptionsto public records laws. Post-Newsweek then filed for rehearing where thecourt certified the issue as one of great public importance.

Miami-Dade County

Travelers Indemnity Co.v. PCR Inc.

SC03-630

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

Approx. 9:40

In November 1991 an explosionin an Alachua County chemical plant killed Paul Turner and seriously injuredJames Creighton, both PCR technicians. Creighton and Turner's estate suedto collect damages. The issue in this case involves interpretation of theinsurance policy PCR purchased from Travelers.

Alachua County

Allison Gae Reeves v.Fleetwood Homes of Florida, Inc.

SC03-134

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

Approx. 10:30

Dennis Reeves died in aforklift accident at the Fleetwood plant. His estate alleged that his deathresulted from a continuing pattern of negligence in the use of the forklift.This case involves questions of the employer's liability under worker'scompensation laws.

Polk County

State of Florida v. AnthonyT. Bodden

SC03-622

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

Approx. 11:10

Bodden was arrested fordriving under the influence and his urine tested positive for a controlledsubstance. This case involves questions about the validity of proceduresfor urine testing.

Hillsborough County

Florida Supreme Court OralArguments
Thursday, December 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.

Case

Time

Facts & Issues

Place of Origin

Inquiry Concerning aJudge: Patricia A. Kinsey

SC96,629

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

9:00

Judge Kinsey has been orderedto appear before the Court to be publicly reprimanded for ethical breaches.

Escambia County

Verizon Florida, Inc.v. Lila Jaber

SC02-2647

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

Approx. 9:10

On November 15, 2002, Florida'sPublic Service Commission (PSC) issued its Final Order on Rates for UnbundledNetwork Elements Provided by Verizon Florida. Verizon now appeals PSC'sorder to this Court, which has mandatory jurisdiction in this matter. AT&Thas filed a cross-appeal.

Statewide impact

State of Florida v. MorrisHarris; State of Florida v. Donald Gentes

SC02-2172| SC02-2440

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

Approx. 9:50

These two cases involvepersons committed under the Jimmy Ryce Act for sexual offenses. The issueon appeal is whether a plea agreement for prison time followed by probationis violated when the State later initiates civil commitment proceedingsunder the Jimmy Ryce Act.

Gadsden & Leon Counties

Florida Supreme Court OralArguments
Friday, December 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.

Case

Time

Facts & Issues

Place of Origin

Andrew Darryl Busby v.State of Florida

SC02-1364

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

9:00

Busby was charged with theJuly 2000 murder of Elton Ard, a fellow inmate at the Columbia CorrectionalInstitution. The jury found him guilty and recommended the death penalty11-to-1. The trial judge sentenced him to death. This is Busby's directappeal.

Columbia County

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