Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

October 6-8, 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, October 6, 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

Tavares J. Wright v. State of Florida

SC05-2212

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

9:00

Mr. Wright was convicted of the first-degree murders of David Green and James Felker, who were fatally shot in 2000 after being kidnapped in a carjacking and robbed. Mr. Wright waived his right to jury recommendations and the trial judge condemned him to death. This is his direct appeal. He raises various issues.

Polk County

William F. Davis v. State of Florida

SC06-1868

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

Approx. 10:00

Mr. Davis was convicted of the first-degree murders of Alice Albin and Loretta Wren, who were fatally stabbed in 2003. The jury voted 9-3 to recommend a death sentence for each murder and he was condemned. This is his direct appeal. He raises various issues.

Duval County

Albert Saleeby v. Rocky Elson Construction, Inc.

SC07-2252

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

Approx. 11:00

Mr. Saleeby was seriously injured in a construction accident where he had been working as a temporary laborer. He sued Rocky Elson Construction, alleging the company was negligent in failing to properly brace roof trusses. The trial court entered a final judgment in favor of the construction company. The Fourth District Court of Appeal upheld the trial court. Mr. Saleeby petitioned this Court for review of the lower courts' determination that the jury could hear evidence that one of Saleeby's expert witnesses was previously a co-defendant who had settled with Saleeby before trial. Mr. Saleeby argues that the district court's decision conflicts with another district court's decision on the same issue.

Palm Beach County

 

Florida Supreme Court Oral Arguments

Tuesday, October 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

Frank A. Walls v. State of Florida

SC07-2007

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

9:00

Mr. Walls was convicted of the murders of Edward Alger and Ann Peterson, who were fatally shot in 1987. Mr. Walls was sentenced to life in prison for the murder of Mr. Alger and condemned to death for the murder of Ms. Peterson. The death sentence was upheld on direct appeal to this Court. Mr. Walls lost a post-conviction challenge but then filed a motion alleging he was mentally retarded and thus ineligible for the death penalty. The circuit court ruled he was not mentally retarded and Mr. Walls filed this appeal.

Okaloosa County

Jason L. Wheeler v. State of Florida

SC06-2323

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

Approx. 9:40

Mr. Wheeler was convicted of the first-degree murder of Deputy Wayne Koester, who was fatally shot in 2004. The jury voted 10-2 to recommend a death sentence and Mr. Wheeler was condemned. This is his direct appeal; he raises various issues. The state also has filed a cross-appeal.

Lake County

Gabby Tennis v. State of Florida

SC06-730

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

Approx. 10:40

Mr. Tennis was convicted of the first-degree murder of Albert Vassella, who died of blunt force trauma to his head and neck in 2003. The jury voted 8-4 to recommend a death sentence and Mr. Tennis was condemned. This is his direct appeal; he raises several issues.

Broward County

Health Care & Retirement Corp. v. Peggy Bradley

SC07-1849

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

Approx. 11:40

Ms. Bradley is the personal representative of the estate of Buford Fennell Jr., who was a resident at a nursing home owned by Health Care and Retirement Corp. She sued the nursing home, alleging wrongful death and general negligence. The nursing home asked the trial court to disqualify her attorney because he had previously represented the nursing home in other cases. The trial court denied the motion but the Fourth District Court of Appeal overturned that decision and sent the issue back to the trial court to reconsider. After another hearing, the trial court again denied the motion. On appeal, the 4th DCA upheld that ruling. Health Care and Retirement Corp. appealed to this Court.

Palm Beach County

 

Florida Supreme Court Oral Arguments

Wednesday, October 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

Ronald Palmer Heath v. State of Florida

SC07-771

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

8:30

Mr. Heath was convicted of the first-degree murder of Michael Sheridan, who was fatally shot in 1989. The jury voted 10-2 to recommend a death sentence and Mr. Heath was condemned. This Court upheld the conviction and sentence on direct appeal and Mr. Heath filed a post-conviction challenge in trial court. It was denied and this appeal followed. He raises several issues.

Alachua County

Michael A. Hernandez, Jr. v. State of Florida

SC07-647

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

Approx. 9:10

Mr. Hernandez was convicted of the first-degree murder of Ruth Everett, who was fatally attacked in her home in 2004. The jury voted 11-1 to recommend a death sentence and he was condemned. This is his direct appeal. He raises several issues.

Santa Rosa County

E.A.R. v. State of Florida

SC08-506

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

Approx. 10:10

E.A.R. was a 16-year-old on juvenile probation when new charges were filed against him. He pleaded guilty to violation of probation and forgery, a third-degree felony. The Department of Juvenile Justice recommended that the trial court commit E.A.R. to a "moderate-risk" juvenile facility. However, the trial court departed from the Department's recommendation and ordered that E.A.R. be committed to a "high-risk" juvenile facility. E.A.R. appealed. The Fourth District Court of Appeal upheld the trial court's departure and recognized that its decision was in conflict with decisions by other district courts of appeal on the same issue.

Palm Beach County

 

Florida Supreme Court Oral Arguments

Thursday, October 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

Court closed for Yom Kippur

 

 

 

 

Florida Supreme Court Oral Arguments

Friday, October 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

No cases scheduled