Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

October 5-9 & 26 & 28, 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, October 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

Induction of New Attorneys

2:30

The Court will hold a formal session to give the oath admitting new attorneys toThe Florida Bar. Inductees will be from around the state who have successfullycompleted their exams and background checks.

Leon County

 

 

Florida Supreme Court Oral Arguments

Tuesday, October 6, 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

Alwin C. Tumblin v. State of Florida

SC07-2111

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

9:00

Mr. Tumblin was convicted of the first-degree murder of Jimmy Johns, who wasfatally shot during a robbery of his auto repair shop in 2004. The jury votedunanimously to recommend a death sentence and the trial court condemned him.This is his direct appeal. He raises several issues.

St. Lucie County

Tiffany Ann Cole v. State of Florida

SC08-528

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

Approx. 10:00

Ms. Cole was convicted of the murders of James and Carol Sumner, who werekidnapped from their home in 2005 and buried alive. The jury voted 9-3 torecommend a death sentence for each murder and the trial court condemned her. This is her direct appeal. She raises various issues.

Duval County

Pamela Perera v. U.S. Fidelity & Guaranty Co.

SC08-1968

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

Approx. 11:00

After her husband was fatally injured on the job, Ms. Perera filed a wrongful deathlawsuit against his employer, which eventually reached a $10 million settlementwith her. Ms. Perera then accused United States Fidelity & Guaranty Co., whichinsured the employer, of acting in bad faith during negotiations. The federal trialcourt dismissed that count and, on appeal, the 11th U.S. Circuit Court of Appealsasked this Court to rule on the scope of state insurance law at issue in the case.

Hillsborough County

Howard B. Wald, Jr. v. Athena Grainger

SC08-1143

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

Approx. 11:40

Mr. Wald was injured in a car collision and sued the other driver. After the juryreturned a verdict for Mr. Wald, the other driver died and Ms. Grainger, who waspersonal representative of his estate, appealed. The First District Court of Appealreversed the trial court and Mr. Wald sought review by this Court. The issue iswhether the trial judge or the jury should decide whether Mr. Wald's injuries werepermanent.

Duval County

 

 

Florida Supreme Court Oral Arguments

Wednesday, October 7, 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

Michael Seibert v. State of Florida

SC08-708 | SC08-1615

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

9:00

Mr. Seibert was convicted of the first-degree murder of Karolay Adrianza, whowas fatally attacked in 1998. The jury voted 9-3 to recommend that he besentenced to death and the trial court condemned him. This Court upheld thesentence on direct appeal and Mr. Seibert filed a postconviction motion in the trialcourt. It was denied and this appeal followed.

Miami-Dade County

Manuel Antonio Rodriguez v. State of Florida

SC05-859 | SC07-1314

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

Approx. 9:40

Mr. Rodriguez was convicted of the first-degree murders of Bea Joseph, SamJoseph and Genevieve Abraham, who were fatally shot in 1984. The jury votedunanimously to recommend death sentences for all three murders and the trialcourt condemned him. This Court upheld the sentences on direct appeal and Mr.Rodriguez filed a post-conviction challenge in trial court. It was denied and thisappeal followed.

Miami-Dade County

Carlos Del Valle v. State of Florida

SC08-2001

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

Approx. 10:30

Mr. Del Valle pleaded guilty to possession of cocaine and grand theft and wasplaced on probation and ordered to pay restitution and costs. After he fell behindin his monthly payments, the trial court ruled he had violated his probation andsentenced him to boot camp. Mr. Del Valle appealed, arguing there was noevidence that he had the ability to make his payments. The Third District Court ofAppeal upheld the trial court and Mr. Del Valle asked this Court to review thecase.

Miami-Dade County

State of Florida v. Steven W. Montgomery

SC09-332

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

11:10

Mr. Montgomery was convicted of second-degree murder but the First DistrictCourt of Appeal overturned his conviction. The state asked this Court to reviewthe case and the 1st DCA asked this Court to rule whether Florida law requiresprosecutors to prove intent to kill in order to prove the crime of "manslaughter byact."

Duval County

 

 

Florida Supreme Court Oral Arguments

Thursday, October 8, 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

Derrick McLean v. State of Florida

SC07-2297

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

9:00

Mr. McLean was convicted of the first-degree murder of Jahvon Thompson, whowas fatally shot in 2004. The jury voted 9-3 to recommend a death sentence andthe trial court condemned him. This is his direct appeal. He raises various issues.

Orange County

Micah Louis Nelson v. State of Florida

SC08-589 | SC08-1965

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

Approx. 10:00

Mr. Nelson was convicted of the first-degree murder of 78-year-old VirginiaBrace, who was sexually assaulted, kidnapped and killed in 1997. The jury voted9-3 to recommend a death sentence and the trial court condemned him. This Courtupheld his conviction and sentence on direct appeal and Mr. Nelson filed apost-conviction challenge in trial court. It was denied and this appeal followed.

Polk County

Florida Department of Highway Safety & MotorVehicles v. William Hernandez

SC08-2330 | SC08-2394

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

Approx. 10:40

Mr. Hernandez and Mr. McLaughlin refused to submit to breath tests after beingarrested on charges of driving under the influence of alcohol. The DHSMVsuspended their licenses. Both men agued they had not been lawfully arrested, firstin administrative challenges and then in court. The Second District Court ofAppeal upheld the suspension of Mr. McLaughlin's license; the First District Courtof Appeal ruled the circuit court had erred in denying Mr. Hernandez's appeal.

Polk County

State of Florida v. Eddie Riley

SC08-2116

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

Approx. 11:20

Mr. Riley was convicted of sexual battery of a child younger than 12 andsentenced to life in prison. The First District Court of Appeal reversed theconviction and ordered a new trial. The state sought review in this Court and the1st DCA asked this Court to rule whether the failure of the trial court to instructjurors on a lesser offense was harmless error.

Leon County

 

 

 

Florida Supreme Court Oral Arguments

Friday, October 9, 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

 

 

 

 

 

Florida Supreme Court Oral Arguments

Monday, October 26, 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

Celebration of National Pro Bono Legal Services Day 

 3:00

The Court will convene in ceremonial session for a Pro Bono Celebration as partof a national effort coordinated by the American Bar Association's StandingCommittee on Pro Bono and Public Service. Hundreds of thousands of lawyers inour country donate, on average, more than 40 hours of free legal services everyyear to people of limited means. The National Pro Bono Celebration is scheduledfor the last week of October and will be marked by events all across the nation.This first week-long celebration is dedicated to the fundamental concept of justicefor all.

Leon County

 

 

Florida Supreme Court Oral Arguments

Wednesday, October 28, 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

Paul B. Johnson v. State of Florida

SC08-1213 

 9:00

Mr. Johnson was convicted of the first-degree murders of William Evans, Ray Beasley and deputy Theron Burnham, who were all fatally shot in 1981. He has been sentenced to death for each murder and the state earlier this month scheduled his execution for Nov. 4.

Polk County