Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

June 7-11, 2010

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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 7, 2010

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

Willie James Hodges v. State of Florida

SC09-468

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

 

 

 

 

9:00

Mr. Hodges was convicted of the first-degree murder of Patricia Belanger, whowas fatally stabbed and beaten in her home in 2001. The jury voted 10-2 torecommend a death sentence and the trial court condemned him. This is his directappeal. He raises various issues.

Escambia County

Florida Bar v. Miroslaw Thomas Lobasz

SC08-1105

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

Approx. 10:00

In this disciplinary case against Mr. Lobasz, The Florida Bar accuses him ofcontinuing to practice law after being suspended for an earlier ethics violation.The trial judge considering the case as a referee recommends that this Courtsanction Mr. Lobasz by imposing another three-year suspension, which would,for the most part, overlap the original three-year suspension. The Bar argues thatMr. Lobasz should be disbarred. Mr. Lobasz supports the referee'srecommendation.

Palm Beach County

 

 

Florida Supreme Court Oral Arguments

Tuesday, June 8, 2010

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

Dane Patrick Abdool v. State of Florida

SC08-944

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

 

 

 

9:00

Mr. Abdool was convicted of the first-degree murder of Amelia Sookdeo, whowas fatally burned in February 2006. The jury voted 10-2 to recommend a deathsentence and the trial court condemned him. This is his direct appeal. He raisesseveral issues.

Orange County

Gayle Shotts v. OP Winter Haven, Inc.

SC08-1774

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

Approx. 10:00

Ms. Shotts sued the nursing home where her uncle died, alleging negligence,violations of nursing home residents' rights and wrongful death. The nursing homefiled a motion to compel arbitration, which the trial court granted. Ms. Shottsappealed that ruling to the Second District Court of Appeal, which upheld thelower court. This appeal followed.

Polk County

Angela I. Gessa v. Manor Care of Florida, Inc.

SC09-768

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

Approx. 10:40

Ms. Gessa sued the nursing home where she lived, alleging negligence andviolation of her rights as a resident. Manor Care filed a motion to compelarbitration. The trial court granted the motion and Ms. Gessa appealed that rulingto the Second District Court of Appeal, which upheld the lower court. This appealfollowed.

Hillsborough County

State of Florida v. Kathy Jo Cable

SC09-1684

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

Approx. 11:20

Ms. Cable was charged with trafficking in methamphetamine. She argued theevidence should be suppressed because the deputy who arrested her violatedFlorida's law requiring police to knock and announce themselves. The trial courtdenied her motion but the Second District Court overturned the lower court. The2nd DCA ruled that arrest was illegal. This appeal followed.

Justice Canady is recused.

Polk County

 

 

Florida Supreme Court Oral Arguments

Wednesday, June 9, 2010

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 Rimmer v. State of Florida

SC07-1272 | SC09-1250

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

 

 

 

 

 

9:00

Mr. Rimmer was convicted of the first-degree murders of Bradley Krause Jr. andAaron Knight, who were fatally shot during a store robbery in 1998. The juryvoted 9-3 to recommend death sentences and the trial court condemned him. ThisCourt upheld the sentences on direct appeal and Mr. Rimmer filed apost-conviction challenge in trial court. It was denied and this appeal followed. Heraises various issues.

 

Broward County

Florida Bar v. Philip David Irish

SC08-1375 | SC08-1552 | SC08-1891 | SC08-2398

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

 

 

 

 

 

 

Approx. 9:40

In these disciplinary cases, The Florida Bar accuses Mr. Irish of numerousviolations of the ethical standards for attorneys, including one stemming from hisseveral felony convictions of possession of controlled or illegal drugs. The trialjudge considering the case as a referee has recommended that this Court disbarMr. Irish. Mr. Irish has argued that a lesser sanction should be imposed, citingdrug addiction as a mitigating factor. The Bar supports the referee's recommendation.

Miami-Dade County

State of Florida v. Joseph Eugene McFadden

SC09-1755

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

 

 

 

 

 

Approx. 10:20

Mr. McFadden was convicted of robbery with a firearm, burglary of a conveyancewhile armed and aggravated battery. He was sentenced to life in prison. Heappealed and the Fourth District Court of Appeal reversed his convictions, rulingthat the state had violated a discovery rule. The state appealed that decision to thisCourt.

Martin County

 

 

Florida Supreme Court Oral Arguments

Thursday, June 10, 2010

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

Jeffrey E. Lewis v. Leon County

SC09-1698

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

9:00

Leon County and others challenged the constitutionality of a law that requiredcounties to pay some of the costs of five Offices of Criminal Conflict and CivilRegional Counsel. The trial court agreed the law violated a provision in theFlorida Constitution that requires the state to pay for court-appointed counsel. TheFirst District Court of Appeal upheld that ruling. The state appealed to this Court.

Leon County

Statewide impact

Andrea Johnson v. State of Florida & Bernard Joyner v. State of Florida

SC08-418 | SC08-1489

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

Approx. 9:40

In these consolidated cases, Johnson and Joyner challenged the amount of creditfor time served that they were awarded on prison sentences they received afterviolating probation. Both alleged that they did not receive credit for time servedafter their original arrests, before they were released on probation. The trial courtdenied those motions, ruling in each case the men had waived the credit for theearlier time. The Third District Court of Appeal upheld the lower court and themen asked this Court to review those rulings.

Miami-Dade County

Labrant Dennis v. State of Florida

SC09-1089 | SC09-2289

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

Approx. 10:40

Mr. Dennis was convicted of the first-degree murders of Marlin Barnes andTimwanika Lumpkins, who were fatally beaten in 1996. The jury voted 11-1 torecommend death sentences and the trial court condemned him. This Court upheldthe sentences on direct appeal and Mr. Dennis filed a post-conviction challengein trial court. It was denied but this Court ordered a new proceeding. After thatproceeding, Mr. Dennis' challenge was again denied and this appeal followed. Heraises various issues.

Miami-Dade County

 

 

 

Florida Supreme Court Oral Arguments

Friday, June 11, 2010

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