Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

April 7-11 & 23, 2008

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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, April 7, 2008

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

Neil K. Salazar v. State of Florida

SC06-1381

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

9:00

Mr. Salazar was convicted of the first-degree murder of Evelyn Nutter, who was fatally shot in 2000. The jury voted unanimously to recommend a death sentence and Mr. Salazar was condemned. This is his direct appeal; he raises various issues.

Okeechobee County

Paul H. Evans v. State of Florida

SC05-1671 | SC07-494

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

Approx. 10:00

Mr. Evans was convicted of the first-degree murder of Alan Pfeiffer, who was fatally shot in 1991. The jury voted 9-3 to recommend a death sentence and Mr. Evans was condemned. This Court upheld the death sentence on direct appeal and Mr. Evans filed a post-conviction challenge in the trial court. The trial court denied the motion and this appeal followed. Mr. Evans raises various issues and also files a petition for habeas corpus.

Indian River County

 

 

Florida Supreme Court Oral Arguments

Tuesday, April 8, 2008

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

Dana Williamson v. State of Florida

SC07-564 | SC07-1787

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

9:00

Mr. Williamson was convicted of the first-degree murder of Donna Decker, who was fatally stabbed in 1988. The jury voted 11-1 to recommend a death sentence and he was condemned. This Court upheld the death sentence on direct appeal and Mr. Williamson filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Williamson raises several various issues.

Broward County

State of Florida v. Donald Moninger

SC07-510

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

Approx. 9:40

Mr. Moninger was charged with lewd or lascivious molestation, capital sexual battery and lewd or lascivious battery. Before his trial, he argued that the State could not use as evidence condoms that his 15-year-old daughter, the alleged victim, removed from the trash can in his bedroom. He argued that his daughter was acting as an agent of the police when she removed them. The trial court granted his motion to suppress the condoms. The Second District Court of Appeal upheld that ruling. In this appeal, the State argues the decision by the 2nd DCA conflicts with a ruling by the Fourth District Court of Appeal.

Pasco County

 

 

Florida Supreme Court Oral Arguments

Wednesday, April 9, 2008

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

Emma Murray v. Mariner Health/Ace USA

SC07-244

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

9:00

Ms. Murray, a nurse's assistant, was injured while helping lift a patient and had to undergo a hysterectomy and other surgical procedures. Her application for workers' compensation benefits was denied. After a hearing at which witnesses testified and evidence was presented, the Judge of Compensation Claims awarded her the requested benefits. Her lawyer then applied for attorney fees, seeking $16,880. However, the JCC found that a 2003 state law limited the fee that could be paid to $648. The First District Court of Appeal upheld the JCC. On appeal to this court, Ms. Murray argues the 2003 law was either misapplied or, if not, violates her constitutional rights to equal protection, due process and access to the courts. Mariner Health and Ace American Insurance Co. argue caps on attorney fees are not unconstitutional and are even found in the Florida Constitution.

 

The Florida Bar v. Saul Cimbler

SC04-2050 | SC05-948

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

Approx. 9:40

The Florida Bar filed two complaints against Mr. Cimbler alleging violation of ethical rules for lawyers. A judge assigned to act as a referee in the cases, which were consolidated, found that Mr. Cimbler was guilty of violating rules of conduct involving notice to clients, competence, diligence, false evidence and dishonesty. The referee is recommending a sanction of a one-year suspension. The Bar argues that Mr. Cimbler should be disbarred.

Miami-Dade County

Mark Anthony Poole v. State of Florida

SC05-1770

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

Approx. 10:30

Mr. Poole was convicted of the first-degree murder of Noah Scott, who was fatally beaten in 2001. The jury voted unanimously to recommend a death sentence and he was condemned. This is his direct appeal; he raises various issues.

Polk County

 

 

Florida Supreme Court Oral Arguments

Thursday, April 10, 2008

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

Old Port Cove Holdings v. Old Port Condominium Association

SC07-1032

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

9:00

Old Port Cove Holdings, Inc., owner of property used as a marina parking lot, sought a declaratory judgment and to quiet title arguing that a right of first refusal granted to Old Port Cove Condominium Association One, Inc. in 1977 violates the common law rule against perpetuities. The trial court agreed. The condominium association appealed to the Fourth District Court of Appeal which reversed and certified conflict with a decision of the First District Court of Appeal.

Palm Beach County

Perry Alexander v. State of Florida

SC06-615 | SC07-1168

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

Approx. 9:40

Mr. Taylor was convicted of the first-degree murder and sexual battery of Geraldine Birch, who was fatally beaten in1988. He was condemned but on direct appeal this Court ordered a new sentencing hearing. At the re-sentencing, the jury voted 8-4 to recommend a death sentence and he was condemned. The second death sentence was upheld by this Court on direct appeal and Mr. Taylor filed a post-conviction challenge in circuit court. It was denied and this appeal followed.

Hillsborough County

 

 

Florida Supreme Court Oral Arguments

Friday, April 11, 2008

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

Richard Lynch v. State of Florida

SC06-2233 | SC07-1246

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

8:30

Mr. Lynch pleaded guilty to the first-degree murders of Roseanna Morgan and her 13-year-old daughter, Leah Caday, who were fatally shot in 1999. He waived his penalty phase jury and was condemned for both murders. This Court upheld the death sentences on direct appeal and Mr. Lynch filed a post-conviction challenge in trial court. It was denied and this appeal followed.

Seminole County

Manuel Antonio Rodriguez v. State of Florida

SC05-859 | SC07-1314

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

Approx. 9:10

Mr. Rodriguez was convicted of the first-degree murders of Samuel and Bea Joseph and Genevieve Abraham, who were fatally shot in 1984. The jury voted unanimously to recommend death sentences and he was condemned for each murder. This Court upheld the death sentences on direct appeal and Mr. Rodriguez filed a post-conviction challenge in trial court. It was denied and this appeal followed.

Miami-Dade County

 

 

Florida Supreme Court Oral Arguments

Wednesday, April 23, 2008

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

George Baptiste v. State of Florida

SC07-1453

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

10:00

Mr. Baptiste was convicted of possession of a firearm by a convicted felon and sentenced to 15 years in prison. He argues that the State should not have been allowed to use the gun as evidence because the police were following up on an anonymous 911 call and did not have reasonable suspicion to stop and search him. The State argues that the officers did have reasonable suspicion to conduct the stop and search because the 911 caller approached the officers after Mr. Baptiste had been stopped and identified Mr. Baptiste as the person about whom he had called. The Third District Court of Appeal upheld the conviction and this review followed.

Miami-Dade County