Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

SEPTEMBER 5 TO 9, 2011

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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, September 5, 2011

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 case scheduled 

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, September 6, 2011

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

 

 

 

 

 

 

 

 

 

 

 

Florida Supreme Court Oral Arguments

Wednesday, September 7, 2011

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

Inquiry Concerning a Judge: N. James Turner

SC09-1182

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

 

 

 

 

9:00

The Judicial Qualifications Commission has concluded that Judge Turner violated several canons of judicial ethics and has recommended that this Court remove him from the bench. Judge Turner argues that his actions do not merit removal.

Justice Lewis is recused.

 

Osceola County

Wadada Delhall v. State of Florida

SC09-87

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

Approx. 9:40

Mr. Delhall was convicted of the first-degree murder of Hubert McCrae, who wasfatally shot in 2001. The jury voted 8-4 to recommend a death sentence and thetrial court sentenced Mr. Delhall to death. This is his direct appeal. He raisesvarious issues.

Miami-Dade County

Justin Curtis Heyne v. State of Florida

SC09-2323

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

Approx. 10:40

Mr. Heyne was convicted of the first-degree murders of Benjamin Hamilton andSarah Buckoski and their 5-year-old daughter, Ivory Hamilton. All three werefatally shot in 2006. The jury recommended a life sentence for the murder of Mr.Hamilton and death sentences for the murders of Ms. Buckoski and her daughter,by votes of 8-4 and 10-2. The trial court sentenced Mr. Heyne to life in prison forthe murders of the two adults and condemned him to death for the murder of thechild. This is Mr. Heyne's direct appeal of his death sentence.

Brevard County

The Florida Bar v. Gregg Adam Steinberg

SC10-161

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

Approx. 11:40

In this disciplinary case, The Florida Bar accuses Mr. Steinberg of misappropriating funds from a bank account he had access to as a leader of a homeowners'group. The trial judge considering the case as a referee concluded Mr. Steinbergviolated ethical rules for attorneys and recommends that this Court disbar him.Mr. Steinberg argues that penalty is too severe and asks this Court to considermitigating circumstances. The Bar supports the referee's recommendation ofdisbarment.

St. Johns County

DK Arena, Inc. v. EB Acquisitions, LLC

SC10-897

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

Approx. 12:10

EB Acquisitions signed a contract to purchase real estate from DK Arena. Whenthe deal fell apart, DK sued EB, seeking a $1 million payment that EB haddeposited in an escrow account. EB filed a countersuit, arguing that DK breachedthe contract and that an unwritten amendment to the contract entitled it to thedeposit. The trial court ruled that EB could keep the $1 million. The FourthDistrict Court of Appeal agreed with the trial court. This appeal followed.

Palm Beach County

 

 

Florida Supreme Court Oral Arguments

Thursday, September 8, 2011

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

Genghis Nicholas Kocaker v. State of Florida

SC10-229

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

 

 

 

 

 

 

 

 

 

 

 

 

 

9:00

Mr. Kocaker was convicted of the first-degree murder of Eric Stanton, who diedof carbon monoxide poisoning after being trapped in a fire in his cab in 2004. Thejury voted 11-1 to recommend a death sentence for Mr. Kocaker and the trialcourt condemned him. This is his direct appeal. He raises various issues.

Pinellas County

William Kenneth Taylor v. State of Florida

SC09-2417 | SC10-2169

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

Approx. 10:00

Mr. Taylor was convicted of the first-degree murder of Sandra Kushmer, who wasfatally shot in 2001. The jury voted unanimously to recommend that he besentenced to death and the trial court condemned him. This Court upheld his deathsentence on direct appeal and Mr. Taylor filed a post-conviction challenge in trialcourt. It was denied and this appeal followed. He raises various issues.

Hillsborough County

North Port Road & Drainage District v. West Villages Improvement Disrict

SC10-1220

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

Approx. 10:40

North Port Road & Drainage District charged assessments against property ownedby West Villages Improvement District. West Villages challenged the assessments, arguing the drainage district did not have the power to charge suchassessments against another governmental entity. The trial court agreed with thedrainage district that the assessments were allowed under the home rule powersheld by Florida cities. The Second District Court of Appeal overturned thatdecision. This appeal followed.

Sarasota County

Citizens Property Insurance Corp. V San Perdido Association, Inc.

SC10-2433

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

Approx. 11:40

Citizens Property was the defendant in a lawsuit by San Perdido alleging bad faithover an insurance claim. Citizens argued that the Legislature had given itimmunity from such a suit. The trial court denied that motion. The First DistrictCourt of Appeal held that it could not review Citizens' challenge to the denial ofthe motion to dismiss until after final judgment was entered. The 1st DCAcertified conflict with a ruling by the Fifth District Court of Appeal in a separatecase and asked this Court to resolve the issue as one of great public importance.

Escambia County

 

 

Florida Supreme Court Oral Arguments

Friday, September 9, 2011

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 Shannon Walker II v. State of Florida

SC10-638

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

 

 

 

9:00

Mr. Walker was convicted of the first-degree murder of David Hamman, who wasbeaten, kidnapped and fatally shot in 2003. The jury voted 7-5 to recommend adeath sentence and the trial court condemned Mr. Walker. This Court upheld hisdeath sentence on direct appeal and Mr. Walker filed a post-conviction challengein trial court. His murder conviction was upheld but his death sentence wasvacated. Both Mr. Walker and the state appealed that decision to this Court.

 

Brevard County

Michael L. King v. State of Florida

SC09-2421

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

Approx. 9:40

Mr. King was convicted of the first-degree murder of a woman he kidnapped,raped and fatally shot in 2008. The jury voted unanimously to recommend that hebe sentenced to death and the trial court condemned him. This is Mr. King's directappeal. He raises various issues.

Sarasota County

Ramsey Hasan v. Lanny Garver, D.M.D.

SC10-1361

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

N/A

Rescheduled for December 8, 2011.

Broward County

Jeffrey H. Atwater v. Frederick W. Kortum

SC11-133

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

Approx. 10:40

Mr. Kortum challenged the constitutionality of a 2008 state law that dictates howand when public appraisers may contact property owners in the aftermath of adisaster. The trial court upheld the law, but the First District Court of Appealoverturned that ruling and held that the law was unconstitutional because itviolated free speech rights. Mr. Atwater, Florida's chief financial officer, appealedthat decision to this Court.

Leon County

Statewide impact