Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

November 3-6, 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, November 3, 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

Alex Pagan v. State of Florida

SC06-378 | SC07-1327

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

9:00

Mr. Pagan was convicted of the first-degree murders of Freddy Jones and Michael Lynn, a 6-year-old. The two were fatally shot in 1993. The jury voted 7-5 to recommend death sentences for each murder and Mr. Pagan was condemned. This Court upheld the death sentences on direct appeal and Mr. Pagan filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Pagan raises several issues. Mr. Pagan has also filed a habeas corpus petition.

Broward County

Lloyd Duest v. State of Florida

SC07-162

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

Approx. 9:40

Mr. Duest was convicted of the first-degree murder of John Pope, who was fatally stabbed in his home in 1982. His original death sentence was overturned but at his re-sentencing the jury voted 10-2 to recommend a death sentence and he was condemned again. This Court upheld the second death sentence on direct appeal and Mr. Duest filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Duest raises several issues.

Broward County

Phantom of Brevard, Inc. v. Brevard County

SC07-2200 | SC07-2201

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

Approx. 10:30

Phantom of Brevard challenged the constitutionality of a county ordinance dealing with the sale of fireworks, which are regulated by state law. The trial court ruled the ordinance was constitutional. The Fifth District Court of Appeal affirmed that decision in part and reversed it in part. Both Phantom of Brevard and Brevard County sought review in this Court.

Brevard County

Larson & Larson v. TSE Industries, Inc.

SC08-428

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

Approx. 11:10

TSE Industries filed a legal malpractice lawsuit against Larson & Larson, its former counsel, after an unsuccessful lawsuit TSE filed against one of its competitors alleging patent infringement. The trial court agreed with Larson & Larson that the statute of limitations barred the malpractice lawsuit. On appeal, the Second District Court of Appeal reversed that decision. Larson & Larson appealed to this Court.

Pinellas County

 

Florida Supreme Court Oral Arguments

Tuesday, November 4, 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

Kayle Barrington Bates v. State of Florida

SC07-611 | SC08-66

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

9:00

Mr. Bates was convicted of the first-degree murder of Janet Renee White, who was abducted from her office and beaten and stabbed in 1982. The jury voted 9-3 to recommend a death sentence and he was condemned. This Court upheld the sentence on direct appeal and Mr. Bates filed a post-conviction challenge in trial court. It was rejected and this appeal followed. Mr. Bates raises several issues.

Bay County

Gerald Delane Murray v. State of Florida

SC03-1241

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

Approx. 9:40

Mr. Murray was convicted of the first-degree murder of Alice Vest, who was beaten, stabbed and strangled in her home in 1990. The jury voted 11-1 to recommend a death sentence and he was condemned. This is his direct appeal. He raises several issues.

Duval County

David Eric Hobbs v. State of Florida

SC08-615

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

Approx. 10:40

Mr. Hobbs was charged with sexual activity with a child by a person in a familial relationship and lewd or lascivious battery. The trial court ruled the state could not use Mr. Hobbs' statements to police to prosecute him because his daughter later recanted her accusations. But the Fifth District Court of Appeal reversed the trial court, ruling that prosecutors could use Mr. Hobbs' statements to police.

Orange County

State of Florida v. Joshua Meshell

SC08-903

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

Approx. 11:20

Mr. Meshell was convicted of four counts of lewd and lascivious battery stemming from sexual activity with a 13-year-old and was sentenced to 10 years in prison. On appeal, the Fifth District Court of Appeal agreed with him that his protection against double jeopardy was violated because two of the four counts were a single episode of battery. The DCA also certified this issue as one of great public importance.

Orange County

 

Florida Supreme Court Oral Arguments

Wednesday, November 5, 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

Citizens’ Initiative on 1.35% Property Tax Cap

SC08-1153 | SC08-1239

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

9:00

A citizen initiative to change the Florida Constitution to cap property taxes unless voters approve a higher rate has collected enough signatures to trigger a review by this Court to determine if the proposal meets two requirements. One, the proposed constitutional amendment must deal with one subject only. Two, the amendment must be fairly described by the ballot title and summary. The Court also reviews a companion fiscal impact statement prepared by the state.

Statewide impact

Mark Allen Geralds v. State of Florida

SC06-761 | SC07-716

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

N/A

Removed from Calendar

Bay County

Robert J. Bailey v. State of Florida

SC07-748

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

Approx. 9:40

Mr. Bailey was convicted of the first-degree murder of Kevin Kight, a police officer who was fatally shot during a traffic stop in March 2005. Mr. Bailey was convicted and the jury voted 11-1 to recommend a death sentence. He was condemned. This is his direct appeal. He raises various issues.

Bay County

Palm Beach School Board v. Survivors Charter Schools

SC07-2402

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

Approx. 10:40

The Palm Beach School Board terminated the contracts for two charter schools run by Survivors. The school board cited a provision of Florida's charter schools law that allows charter contracts to be terminated immediately when the security of public money or the safety of students is at risk. Survivors appealed to the state Board of Education, which approved the contract termination. Survivors then appealed to the Fourth District Court of Appeal, which held that the school board had to also comply with the requirements of Florida's Administrative Procedures Act in order to terminate the contract.

Palm Beach County

 

Florida Supreme Court Oral Arguments

Thursday, November 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

Citizens’ Initiatives on Redistricting

SC08-986 | SC08-1163 | SC08-1149 | SC08-1165

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

9:00

Two citizen initiatives to change the way the Legislature draws legislative and congressional districts have collected enough signatures to trigger a review by this Court to determine if the proposals meet two requirements. One, the proposed constitutional amendments must each deal with one subject only. Two, the amendments must be fairly described by their ballot titles and summaries. The Court also reviews companion fiscal impact statements for each proposal, which were prepared by the state.

Statewide impact

Liggett Group, Inc. V. Scott Davis

SC08-541

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

Approx. 10:00

Beverly Davis sued Liggett Group, alleging that she was injured from smoking Chesterfield cigarettes from 1951 to 1974. Among her claims: Liggett was liable for her illness because the illness was caused by defects in the cigarettes and Liggett was negligent in designing and testing the cigarettes and warning consumers about their health hazards. Ms. Davis won the lawsuit and the jury awarded her $545,000 in damages. The Fourth District Court of appeal upheld the verdict and certified two questions for this Court to consider, concerning the burden on Ms. Davis to win her lawsuit and Florida's law on lawsuits involving design defects in products.

Broward County

Maurice Lamar Floyd v. State of Florida

SC07-330 | SC07-1894

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

Approx. 10:40

Mr. Floyd was convicted of the first-degree murder of Mary Goss, who was fatally shot in July 1998. The jury voted 11-1 to recommend a death sentence and Mr. Floyd was condemned. This Court upheld the conviction and sentence on direct appeal and Mr. Floyd filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Floyd raises several issues. He also filed a separate habeas corpus claim.

Putnam County

 

Florida Supreme Court Oral Arguments

Friday, November 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

No cases scheduled