Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

June 1-5, 2009

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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, June 1, 2009

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

Roderick Michael Orme v. State of Florida

SC08-182

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

 9:00

Mr. Orme was convicted of the first-degree murder of Lisa Redd, who wasrobbed, sexually battered and strangled in 1992. He was condemned to death andthis Court upheld the sentence on direct appeal. However, after considering apostconviction challenge Mr. Orme later filed, this Court ordered a newsentencing hearing for him. The jury voted 11-1 to recommend that he besentenced to death and the trial court condemned him a second time. This appealfollowed.

Bay County

James Delano Winkles v. State of Florida

SC08-941

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

Approx. 9:40

Mr. Winkles pleaded guilty to two first-degree murders. Elizabeth Graham wasfatally shot in September 1980 after being kidnapped and raped over several days. Margaret Delimon was fatally drugged after being kidnapped and raped overseveral days in October 1981. Mr. Winkles waived his right to a sentencinghearing before a jury and the trial court condemned him to death for bothmurders. This Court upheld the convictions and sentences on direct appeal. Mr.Winkles then filed a postconviction challenge in trial court, which was denied.This appeal followed.

Pinellas County

State of Florida v. Randolph Wightman

SC08-1240

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

Approx. 10:30

Mr. Wightman was convicted of two counts of sexual battery on a victim youngerthan 12 and sentenced to life in prison. On appeal, the Second District Court ofAppeal overturned the convictions, ruling that the state improperly introducedevidence of other crimes without notifying the defense. This appeal followed.

Hilsborough County

Peggy Allen Luttrell v. Fla. Dept. Of Highway Safety & Motor Vehicles

SC08-1396

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

Approx. 11:10

Ms. Luttrell was arrested on a DUI charge. Because she refused to submit to abreath test, her license was suspended for a year. Ms. Luttrell argued that theofficer had no reasonable suspicion to approach her and that the suspensionshould be invalidated. The hearing officer disagreed but the circuit courtoverturned the hearing officer's order. The Department of Highway Safety andMotor Vehicles appealed to the Fifth District Court of Appeal, which overturnedthe circuit court's ruling. This appeal followed.

Volusia County

 

 

Florida Supreme Court Oral Arguments

Tuesday, June 2, 2009

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

Mark A. Twilegar v. State of Florida

SC07-1622

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

9:00

Mr. Twilegar was convicted of the first-degree murder of David Thomas, who wasfatally shot in 2002. Mr. Twilegar waived his right to sentencing hearing beforea jury and the trial court condemned him to death. This is his direct appeal. Heraises various issues.

Lee County

Donald Bradley v. State of Florida

SC07-1964 | SC08-1813

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

Approx. 10:00

Mr. Bradley was convicted of the first-degree murder of Jack Jones, who wasfatally beaten in 1995. The jury recommended he be sentenced to death by a voteof 10-2 and the trial court condemned him. This Court upheld the sentence ondirect appeal and Mr. Bradley filed a postconviction challenge in trial court. It wasdenied and this appeal followed. Mr. Bradley also filed a habeas petition with thisCourt.

Clay County

C.E.L. v. State of Florida

SC08-1898

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

Approx. 10:40

C.E.L., a 15-year-old, ran from two deputies who were patrolling an apartmentcomplex in a high-crime area. C.E.L. also failed to obey the officers' command tostop. The officers pursued and apprehended him. C.E.L. was adjudicateddelinquent for the offense of resisting an officer without violence. On appeal,C.E.L. argued the police had no reason to lawfully detain him before he ran. TheSecond District Court of Appeal upheld the trial court's decision and this reviewfollowed.

Justice Charles Canady is recused.

Hillsborough County

 

 

Florida Supreme Court Oral Arguments

Wednesday, June 3, 2009

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 Fla Rules of Criminal Procedure

SC08-2163

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

9:00

The Court considers a change to an existing rule that allows defendants to waivetheir right to an attorney. The proposed modification would require that defendantsnot be allowed to waive that right if they suffer from severe mental illness to thepoint that they would be unable to represent themselves at trial.

Statewide impact

Norman Blake McKenzie v. State of Florida

SC07-2101

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

Approx. 9:20

Mr. McKenzie was convicted of the first-degree murders of Randy WaynePeacock and Charles Frank Johnston, who were fatally injured with a knife andhatchet. The jury voted 10-2 to recommend a death sentence for each murder andthe trial court condemned Mr. McKenzie. The jury voted 8-4 to recommend adeath sentence and the trial court condemned Mr. McKenzie. This is his directappeal. He raises various issues.

St. Johns County

 

 

Florida Supreme Court Oral Arguments

Thursday, June 4, 2009

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

Clayton Harris v. State of Florida

SC08-1871

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

9:00

Mr. Harris pleaded no contest to possession of pseudoephedrine for use in makingmethamphetamine. On appeal to the First District Court of Appeal, he challengedthe reliability of the drug-sniffing dog used by the officer who stopped him. Mr.Harris argued the drugs seized from his truck could not be used as evidencebecause the officer lacked probable cause. The First District Court of Appealupheld the trial court's ruling to allow the evidence and this appeal followed.

Justice Ricky Polston is recused.

Liberty County

In re: Amendments to Fla. Rules of Juvenile Procedure

SC09-141

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

Approx. 9:40

The Juvenile Court Rules Committee recommends several changes to the currentrules for juvenile divisions of Florida's circuit courts. One change is designed toend routine and blanket shackling of children appearing in court. It would ban theuse of handcuffs, chains, irons or straightjackets on children in court unless thechildren are a danger to themselves or others or there's reason to believe a childmay try to flee.

Statewide impact

In re: Amendments to Fla. Rules of Criminal Procedure

SC09-159

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

Approx. 10:40

The Florida Criminal Procedures Rule Committee recommends a variety ofchanges to Florida's rules of criminal procedure. The proposed changes update andclarify existing rules.

Statewide impact

Fla. Dept. Of Children & Families v. P.E.

SC09-169

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

Approx. 11:10

P.E. failed to appear in court for a hearing scheduled to consider possibletermination of her parental rights to her daughter. Her parental rights wereterminated and she appealed to the Second District Court of Appeal. The 2ndDCA ruled that by law a parent's failure to appear at such a hearing, despite propernotification, constitutes a voluntary consent to the termination of rights. The 2ndDCA also noted that its ruling was in conflict with rulings from both the Third andFifth District Courts of Appeal. In this case, however, the 2nd DCA reversed thetermination order for another reason.

Hillsborough County

 

 

 

Florida Supreme Court Oral Arguments

Friday, June 5, 2009

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

Investiture of Justice James E.C. Perry

 1:00

James E.C. Perry of Sanford will be invested as Florida's 85th Justice. At this ceremony, Gov. Charlie Crist will present Justice Perry's credentials to Chief Justice Peggy A. Quince, and Justice Perry then will be formally seated at the bench.