Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

August 31-September 4, 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, August 31, 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

James Phillip Barnes v. State of Florida

SC08-63

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

 9:00

Mr. Barnes pled guilty to the first-degree murder of Patricia Miller, who wasraped and fatally beaten in 1988. He waived his right to an advisory jury in hispenalty hearing and the trial court sentenced him to death. This is his directappeal. He raises various issues.

Brevard County

Michael Penzer v. Transportation Insurance Co.

SC08-2068

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

Approx. 10:00

In a class-action suit, Mr. Penzer sued Southeast Wireless for faxing unsolicitedads in violation of federal law. Southeast settled, stipulating to a $12 millionjudgment and assigning its right to seek insurance coverage from its insurer. Mr.Penzer sued the insurer to collect. The federal trial court ruled that Southeast'spolicy did not cover this claim. Mr. Penzer appealed to the 11th U.S. CircuitCourt of Appeals, which asked this Court if, under Florida law, Southeast's policyprovides coverage for blast-faxing in violation of federal law.

South Florida

Peter R. Genovese, M.D. v. Provident Life & AccidentInsurance Co.

SC06-2508

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

Approx. 10:40

Dr. Genovese accused Provident of bad faith in handling his claim for disabilitybenefits. He requested access to attorney-client communications betweenProvident and its lawyers. The trial court granted the request, but the FourthDistrict Court of Appeal quashed that ruling. The 4th DCA also certified thequestion of whether Provident had to turn over the communications as one ofgreat public importance for this Court's review.

Broward County

Florida Birth-Related Neurological Injury CompensationAssociation v. Department of Administrative Hearings

SC08-1317 | SC08-1318 | SC08-1319

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

Approx. 11:10

The Court considers a question certified by the Second District Court of Appeal concerning the notice requirements of a state law that provides a no-fault alternative to medical malpractice lawsuits when newborns suffer neurological injuries during birth. The 2nd DCA ruled that hospitals are shielded from lawsuits when physicians have notified patients of their decision to take part in the no-fault alternative. Mr. Kocher and others argue hospitals must independently notify patients of the no-fault alternative in order to be shielded.

Justice Canady Recused

Pinellas County

 

 

Florida Supreme Court Oral Arguments

Tuesday, September 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

Blaine Ross v. State of Florida

SC07-2368

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

9:00

Mr. Ross was convicted of the first-degree murders of his parents, Richard andKathleen Ross, who were fatally bludgeoned in 2004 as they slept. The jury voted8-4 to recommend the death penalty for both murders and the trial courtcondemned him. This is his direct appeal. He raises various issues.

Manatee County

Charles Grover Brant v. State of Florida

SC07-2412

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

Approx. 10:00

Mr. Brant pled guilty to the first-degree murder of Sara Radfar, who was sexuallyassaulted and then strangled and suffocated in 2004. He waived his right to anadvisory jury in his penalty hearing and the trial court condemned him. This is hisdirect appeal.

Hillsborough County

Joel Jardines v. State of Florida

SC08-2101

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

Approx. 11:00

Mr. Jardines was charged with drug trafficking and grand theft. He sought tosuppress the state's evidence, arguing the police obtained it unconstitutionallywhen they used a drug-detection dog to sniff his front door. The trial court agreedwith him and found the sniff to be an unconstitutional search. However, the ThirdDistrict Court of Appeal reversed the trial court. The 3rd DCA also certifiedconflict with a decision by the Fourth District Court of Appeal on whether a dogsniff constitutes a search.

Miami-Dade County

State of Florida v. Andrew Nelson

SC08-2325

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

Approx. 11:40

Mr. Nelson was charged with delinquency but the state later decided to treat him as an adult and charged him with armed burglary, grand theft and carrying a concealed weapon. Mr. Nelson asked the trial court to dismiss the charges, arguing the state had missed the deadline for taking him to trial. The state argued Mr. Nelson had waived the speedy trial deadline. The trial court denied Mr. Nelson's motions. The Fourth District Court of Appeal overturned that ruling.

Justice Pariente Recused

Broward County

 

 

Florida Supreme Court Oral Arguments

Wednesday, September 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

 In re: Amendments to Rules of Judicial Administration

SC07-2050

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

9:00

The Court considers recommended changes to the rule that governs public accessto judicial branch records. The goal is to develop a way to protect confidentialinformation from release to the public so that records can be made availableonline. The proposals were developed by committees created by the Court to studyprivacy and court records. The Court also considers recommended changes to therule that governs public access to judicial branch records. The scope of theproposals includes access to records of appellate courts and in criminal cases. Oneissue dealt with is the treatment of documents in cases that involve confidentialinformants.

Statewide impact

Rory Enrique Conde v. State of Florida

SC06-1998

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

Approx. 10:10

Mr. Conde was convicted of the first-degree murder of Rhonda Dunn, who wasfatally strangled in 1995. The jury voted 9-3 to recommend that he be sentencedto death and the trial court condemned him. This Court upheld the sentence ondirect appeal and Mr. Conde filed a postconviction motion in the trial court. It wasdenied and this appeal followed.

Miami-Dade County

Victor Caraballo v. State of Florida

SC07-1375

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

Approx. 10:50

Mr. Caraballo was convicted of the first-degree murder of Ana Maria Angel, whowas kidnapped, robbed, sexually assaulted and fatally shot in 2002. The jury voted9-3 to recommend a death sentence and the trial court condemned him. This is hisdirect appeal. He raises various issues.

Miami-Dade County

 

 

Florida Supreme Court Oral Arguments

Thursday, September 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

K.D.M. v. J.H.

SC09-781

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

9:00

The Fifth District Court of Appeal vacated the adoption of a baby born in 2004,ruling that the trial court was wrong when it terminated the parental rights of J.H. The child's adoptive parents argue J.H. missed the deadline for challenging theadoption and that the 5th DCA did not have jurisdiction to consider his appeal.

Orange County

Paul William Scott v. State of Florida

SC07-1734

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

Approx. 9:40

Mr. Scott was convicted of the first-degree murder of James Alessi, who wasfatally beaten in 1978. The jury voted 7-5 to recommend a death sentence and thetrial court condemned him. This Court upheld the sentence on direct appeal andMr. Scott filed various postconviction challenges in trial court. They were alldenied and those rulings were upheld. In this appeal, Mr. Scott raises variousissues concerning DNA testing of evidence.

Palm Beach County

Darryl Brian Barwick v. State of Florida

SC07-1831 | SC08-1377

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

Approx. 10:30

Mr. Barwick was convicted of the first-degree murder of Rebecca Wendt, whowas fatally stabbed in 1986. The jury voted unanimously to recommend a deathsentence and the trial court condemned him. This Court upheld the sentence ondirect appeal and Mr. Barwick filed a postconviction challenge in trial court. Itwas denied and this appeal followed. He raises several issues.

Bay County

Wagner Vaughn McLaughlin & Brennan v. KennedyLaw Group

SC08-1525

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

Approx. 11:10

Two law firms that represented brothers in a probate case are involved in a feedispute. The three brothers, all adults, lost their parents in a car wreck. TheWagner firm represented two of the brothers and the Kennedy firm representedone. The brother represented by the Kennedy firm was also the personalrepresentative of the estate. The probate judge and the Second District Court ofAppeal both agreed that the fees were properly paid to the Kennedy firm under thefee provision of Florida's Wrongful Death Act.

Hillsborough County

 

 

 

Florida Supreme Court Oral Arguments

Friday, September 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

No cases scheduled