Oral Argument Schedule & Briefs

Case

 Time

Facts & Issues

Place of Origin

Roy McDonald v. State of Florida

SC05-2141

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

9:00

Mr. McDonald was convicted of carjacking with a firearm and robbery with a firearm. He was sentenced concurrently to life in prison under a sentencing law that enhances punishment for "prison releasee re-offenders" and to a 10-year sentence under the 10-20-Life law, which enhances punishment for people who are armed when they commit serious crimes. The Fourth District Court of Appeal upheld the sentences, and receded from its prior decisions holding that sentences under the "prison releasee re-offenders" statute and the 10-20-Life law cannot be imposed concurrently unless the sentence under the 10-20-Life law is greater. The Fourth District certified conflict with decisions of the Second District, and Mr. McDonald sought this review

Broward County

Rick Barnett v. Florida Dept. of Management Services

SC06-1224

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

Approx. 9:40

The First District Court of Appeal has asked this Court whether state lawmakers meant for prisons built and run by private companies and leased to the state to be subject to property taxes. This case began when the Correctional Privatization Commission filed a suit challenging the 1999 assessment of one of its facilities. It argued that the prison was state property and therefore immune from taxation.

Bay County

Florida Board of Bar Examiners v. Allan Barry Marks

SC06-524

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

Approx. 10:30

Mr. Marks was admitted to practice law in Florida in 1974. He resigned in 1991, with disciplinary proceedings against him pending. Mr. Marks estimates he took approximately $250,000 from his client trust account. In 1998, Mr. Marks reapplied for admission to The Bar. He was not admitted. He reapplied for admission to the Bar in 2001. In 2005, the Board of Bar Examiners recommended that this Court readmit Mr. Marks to the Bar.

Miami-Dade County

David Sylvester Frances v. State of Florida

SC05-892

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

Approx. 11:10

Mr. Frances was convicted of the murders of Helena Mills and JoAnna Charles, who were strangled in November 2000. The jury voted 9-3 and 10-2 to recommend death sentences and Mr. Frances was condemned. This is his direct appeal.

Orange County

Case

 Time

Facts & Issues

Place of Origin

St. Vincent's Medical Center, Inc. v. Memorial Health Care Group, Inc.

SC06-1047

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

8:30

Memorial Healthcare Group challenged the constitutionality of a law that detailed when new open-heart surgery programs will be permitted in certain circumstances. A trial court agreed that it was a special law enacted as a general law and thus unconstitutional under Article III, Section 10 of the Florida Constitution. The First District Court of Appeal agreed with the trial court. St. Vincent's, which had entered the lawsuit as an intervenor-defendant, appealed that decision to this Court.

Leon County

Dewarn Antonio Brown v. State of Florida

SC06-628

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

Approx. 9:10

Mr. Brown was charged with armed robbery and felony murder and convicted of petit theft and felony murder after Andre Sloate was fatally shot. The trial court set aside the murder conviction because Mr. Brown was convicted of the misdemeanor of petit theft rather than the felony of armed robbery. But the Third District Court of Appeal reversed the trial court. Mr. Brown appealed to this Court.

Miami-Dade County

Roger Lee Cherry v. State of Florida

SC02-2023

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

Approx. 9:50

Mr. Cherry was convicted of the 1986 murders of Ester and Leonard Wayne, an elderly DeLand couple. Ester Wayne was fatally beaten. Leonard Wayne suffered a fatal heart attack. Mr. Cherry was condemned to death for both murders. This Court upheld the death sentence for Ester Wayne's murder on direct appeal. In this appeal, Mr. Cherry argues that he is not eligible for the death penalty because he is mentally retarded.

Volusia County

Case

 Time

Facts & Issues

Place of Origin

Nuvox Communications, Inc. V. Lisa Pollack Edgar

SC06-1828

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

9:00

The Public Service Commission approved a transfer of telecommunications facilities between BellSouth and AT&T stemming from the merger of the two companies. Several companies that provide local exchange phone service challenged the approval, arguing the state law required the PSC to consider the impact of such a merger on competition and that the PSC didn't satisfy that requirement. The PSC and BellSouth and AT&T argue state law does not require consideration of the effects on competition.

Statewide impact

Chavis Ziegler v. State of Florida

SC06-589

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

Approx. 9:40

Mr. Zeigler was charged with trafficking in cocaine and misdemeanor possession of marijuana after a traffic stop. He argued the contraband seized from his car should be suppressed because the deputy who stopped him detained him longer than was legal. The state argued that the deputy had properly stopped Mr. Zeigler because he could not see the temporary tag posted in the rear window of his car and had not detained him longer than was legal. Mr. Zeigler pleaded no contest in exchange for seven years in prison and the right to appeal. The First District Court of Appeal rejected Mr. Zeigler's argument and he filed this appeal.

Columbia County

Victor Tony Jones v. State of Florida

SC04-726

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

Approx. 10:30

Mr. Jones was convicted of the 1990 murders of Jacob and Matilda Nestor, who were fatally stabbed. A jury voted 10-2 to recommend a death sentence for the murder of Mrs. Nestor and voted unanimously to recommend a death sentence for the murder of Mr. Nestor. He was condemned for both murders and this Court upheld his convictions and sentences on direct appeal. In this post-conviction appeal, Mr. Jones argues that he is mentally retarded and ineligible for the death penalty.

Miami-Dade County

Marbel Mendoza v. State of Florida

SC04-1881 | SC05-2143

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

Approx. 11:10

Mr. Mendoza was convicted of the 1992 murder of Conrado Calderon, who was fatally shot. The jury voted 7-5 and he was condemned. This Court upheld his conviction and sentence on direct appeal. In this post-conviction appeal, Mr. Mendoza raises several issues.

Miami-Dade County

Case

 Time

Facts & Issues

Place of Origin

Advisory Opinion to the Attorney General Re: Local Comprehensive Land Use Plans (Fiscal Impact Statement)

SC06-521

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

9:00

The Court reviews a financial impact statement concerning a proposed citizen's initiative that would require voter approval of changes to local land-use plans. The sponsor of the measure argues that parts of the statement, which was prepared by state analysts, are deficient. Also in this case, the Court considers the basis for its jurisdiction in reviewing financial impact cases and the standard of review that should apply in such cases.

Statewide impact

David Everette v. Florida Dept. of Children & Families

SC05-1996

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

Approx. 9:40

Mr. Everette, who has moderate mental retardation, cerebral palsy, epilepsy and schizoaffective disorder, has lived in the state's care since he was 16. He once faced criminal charges stemming from a fight in his group home but he was found not competent to stand trial. The charges were later dismissed and the trial court ordered that he be committed to a secure facility. In this appeal, he challenges his classification by the Third District Court of Appeal as a "forensic client," arguing he was committed under the state's civil mental health statute.

Miami-Dade County

Wachovia Insurance Services v. Richard L. Toomey

SC06-1110

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

Approx. 10:30

Mr. Toomey and Mr. Holman sued Wachovia in federal court, claiming breach of fiduciary duties, among other things. Wachovia had formerly been the insurance broker for IMC, a company that had reached a settlement with Mr. Toomey and Mr. Holman in an earlier lawsuit. Part of the Wachovia lawsuit was dismissed by the judge; the part that went to trial resulted in a $1 million verdict for Mr. Toomey and Mr. Holman. Both sides appealed to the 11th U.S. Circuit Court of Appeals, which has asked this Court to answer two questions dealing with whether a claim for breach of fiduciary duty against an insurance broker can be assigned under Florida law.

Hillsborough County connection

Christopher Jones v. State of Florida

SC04-2231

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

Approx. 11:10

Mr. Jones was convicted of the 2001 murder of Hilario Dominguez, who was beaten and fatally shot. The jury voted 7-5 to recommend a death sentence and Mr. Jones was condemned. This is his direct appeal and he raises various issues.

Okeechobee County