Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

February 6-10 & 22 & 29, 2012

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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.

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Florida Supreme Court Oral Arguments

Monday, February 6, 2012

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

No cases scheduled

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, February 7, 2012

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

Robert Brian Waterhouse v. State of Florida

SC12-107

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

9:00

Mr. Waterhouse was convicted of the first-degree murder of Deborah Kammerer, who was beaten, raped and drowned in 1980. He was sentenced to death but this Court later vacated his sentence and ordered a new sentencing proceeding. Mr. Waterhouse again was sentenced to death. This Court upheld that death sentence on direct appeal and Mr. Waterhouse lost subsequent postconviction challenges. His execution has been scheduled for Feb. 15. Mr. Waterhouse filed a successive motion for postconviction relief in trial court. It was denied and this appeal followed.

Justice Quince is recused.

Pinellas County

Miguel Oyola v. State of Florids

SC10-2285

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

Approx. 9:40

Mr. Oyola was convicted of the first-degree murder of Michael Gerrard, who wasfatally beaten and stabbed in 2007. The jury voted 9-3 to recommend a deathsentence and the trial court condemned Mr. Oyola. This is his direct appeal. Heraises various issues.

Jefferson County

Enoch D. Hall v. State of Florida

SC10-182

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

Approx. 10:40

Mr. Hall was convicted of the first-degree murder of Donna Fitzgerald, acorrections officer who was fatally stabbed in 2008 in the state prison where Mr.Hall was incarcerated. The jury voted unanimously to recommend a deathsentence and the trial court condemned Mr. Hall. This is his direct appeal. Heraises various issues.

Volusia County

Anthony Kovaleski v. State of Florida

SC09-536

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

Approx. 11:40

Mr. Kovaleski was convicted of lewd and lascivious acts committed on and in thepresence of a minor. The Fourth District Court of Appeal reversed his convictions,agreeing with Mr. Kovaleski that he was denied a public trial when the trialcourtroom was partially closed during testimony from his accuser. On retrial, Mr.Kovaleski was again convicted. The 4th DCA upheld the conviction and Mr.Kovaleski asked this Court to review the case.

Indian River County

 

 

Florida Supreme Court Oral Arguments

Wednesday, February 8, 2012

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

Emanuel Johnson v. State of Florida

SC10-2008 | SC10-2219

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

 

9:00

Mr. Johnson was convicted of the first-degree murders of Jackie McCahon, who was fatally stabbed in September 1988, and Iris White, who was fatally stabbed in October 1988. A jury voted 10-2 to recommend a death sentence for the murder of Ms. McCahon and 8-4 to recommend a death sentence for the murder of Ms. White. The trial court condemned him to death in each case. This Court upheld both death sentences on direct appeal and Mr. Johnson filed post-conviction challenges in the trial court. They were denied and these appeals followed.

Justice Quince is recused.

Sarasota County

John Lee Hampton v. State of Florida

SC10-812

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

Approx. 9:40

Mr. Hampton was convicted of the first-degree murder of Lashonda McKinnes,who was fatally beaten and stabbed in 2007. The jury voted 9-3 to recommend adeath sentence and the trial court condemned him. This is his direct appeal. Heraises various issues.

Pinellas County

Julie Winslow v. School Board of Alachua County

SC10-2459

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

Approx. 10:40

Ms. Winslow sued the Alachua School Board after her 14-year-old daughter wasinjured in a traffic accident that took place while she was waiting for her schoolbus. The trial court dismissed the case and Ms. Winslow appealed to the FirstDistrict Court of Appeal, which upheld the trial court's ruling. Ms. Winslow askedthis Court to review the 1st DCA decision, which she argued conflicts with rulingsby this Court and the Fourth District Court of Appeal.

Alachua County

Amos Augustus Williams v. State of Florids

SC10-1458

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

Approx. 11:20

Mr. Williams was convicted of attempted second-degree murder in an attack onSamantha Lindsay, who suffered several serious stab wounds. He appealed,arguing the jury was given improper instructions for attempted voluntarymanslaughter resulting in fundamental error. The Fourth District Court of Appealrejected that argument, certified a conflict with the First District Court of Appealand asked this Court to review the issue as one of great public importance.

St. Lucie County

 

 

Florida Supreme Court Oral Arguments

Thursday, February 9, 2012

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

In re: Amendments to Rules of Criminal Procedure

SC11-1679

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

 

 

9:00

The Florida Supreme Court's Criminal Court Steering Committee and theSubcommittee on Postconviction Relief have proposed changes to various rulesdealing with postconviction proceedings. For example, the proposals wouldchange rules dealing with when and how defendants can withdraw pleas or ask forcorrections to their credits for jail time. The proposals would also change filingrequirements and deadlines in postconviction challenges.

Statewide impact

State of Florida v. Richard T. Catalano

SC11-1166

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

Approx. 10:00

Mr. Catalano and another man were cited in separate incidents with violating astate law that bans loud car stereos. Both men challenged the constitutionality ofthe law, arguing it was vague, invited arbitrary enforcement and impinged on theirright to free speech. The circuit court agreed and invalidated the law. The SecondDistrict Court of Appeal upheld that decision. This appeal followed.

Pinellas County

Estate of Michelle Evette McCall v. United States of America

SC11-1148

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

 

Approx. 10:40

Ms. McCall died after giving birth to a son while under the care of medicalpersonnel with the U.S. Air Force. Her parents and the father of her child sued formedical malpractice and won damages. But the judge reduced the award fornon-economic damages because of a cap in Florida law. Ms. McCall's familychallenged the constitutionality of the law limiting non-economic damages.

Okaloosa County

Eric Edenfield v. State of Florida

SC10-2146

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

Approx. 11:20

Mr. Edenfield was arrested on charges of driving under the influence. At his firstcourt appearance later that day, he waived his right to an attorney and entered ano contest plea. But a few weeks later, Mr. Edenfield tried to withdraw his plea,arguing the trial court had not adequately assessed his waiver of counsel beforepermitting it. His motion was denied. The First District Court of Appeal ruled thetrial court had acted properly when it allowed Mr. Edenfield to waive his right tocounsel. Mr. Edenfield asked this Court to review the case.

Duval County

 

 

Florida Supreme Court Oral Arguments

Friday, February 10, 2012

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

No cases scheduled

 

 

 

 

 

 

Florida Supreme Court Oral Arguments

Wednesday, February 22, 2012

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

Cedric Tyrone Smallwood v. State of Florida

SC11-1130

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

10:00

Mr. Smallwood was convicted of armed robbery and possession of a firearm bya convicted felon and sentenced to 65 years in prison. He argued his FourthAmendment protection against unreasonable searches and seizures was violatedwhen the police searched the photos on his cell phone without a warrant. Hismotion to suppress was denied at trial. Later, the First District Court of Appealupheld the search of the cell phone, but certified the question as one of greatpublic importance for this Court's review.

Duval County

 

Florida Supreme Court Oral Arguments

Wednesday, February 29, 2012

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

In re: Joint Resolution of Apportionment

SC12-1

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

9:00

In this case, the Court must review and approve changes to the state legislative districts.

Statewide impact