Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

December 7-11, 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, December 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

No cases scheduled

 

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, December 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

Inquiry Concerning a Judge: Michelle Baker

SC09-1922

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

9:00

The Supreme Court has ordered Judge Baker to appear for administration of a public reprimand for improper conduct. 

Justice Polston is recused.

Brevard County

Eric Christopher Caldwell v. State of Florida

SC08-1519

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

Approx. 9:10

Mr. Caldwell was found guilty of three auto burglaries and parole violation. Heargued his statements to police should not be used against him because the officerwho questioned him did not have reasonable suspicion when he read Mr. Caldwellhis rights and frisked him. The trial court denied the motion and the SecondDistrict Court of Appeal upheld the trial court. Mr. Caldwell argues that the 2ndDCA decision is in conflict with decisions from other District Courts of Appeal.

Pinellas County

John Rando v. Government Employees Insurance Co.

SC09-240

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

Approx. 9:50

The 11th U.S. Circuit Court of Appeals has asked this Court if Florida law lets aninsurer stop policy-holders from combining benefits for uninsured motoristcoverage when they have multiple policies with the insurer but one of the policiesis for a car in another state. GEICO insured three cars for Mr. Rando in two separate policies. One car was used by a daughter in Delaware. A federal trial court agreed with GEICO that Mr. Rando, who was seriously hurt in a Florida accident,could not recover benefits from his policy for the Delaware car.

Marion County

Todd Zommer v. State of Florida

SC08-494

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

Approx. 10:30

Mr. Zommer was convicted of the first-degree murder of Lois Corrine Robinson,a 77-year-old woman who was fatally beaten and knifed in her home in 2005. Thejury voted 10-2 to recommend a death sentence and the trial court condemned him.This is his direct appeal. He raises various issues.

Osceola County

 

 

Florida Supreme Court Oral Arguments

Wednesday, December 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

Inquiry Concerning a Judge: Mary Jane Henderson

SC09-1416

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

9:00

The Supreme Court has ordered Judge Henderson to appear for administration ofa public reprimand for improper conduct.

Volusia County

James Daniel Turner v. State of Florida

SC08-975

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

 

Approx. 9:10

Mr. Turner, a South Carolina jail escapee, was convicted of the first-degreemurder of Renee Howard, who was fatally stabbed in 2005. The jury voted 10-2to recommend a death sentence and the trial court condemned him. This is hisdirect appeal. He raises various issues.

St. Johns County

Christy Aills v. Luciano Boemi, M.D.

SC08-2087

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

 

Approx. 10:10

Ms. Aills sued Dr. Boemi for medical malpractice after surgery for a breast lift andaugmentation. A jury found him negligent and awarded her $250,000 in medicalexpenses and $8 million for pain and suffering. The trial court lowered the awardfor pain and suffering to $2.5 million. After Ms. Aills refused to accept that, thecourt granted her a new trial on damages only. Both sides appealed and the SecondDistrict Court of Appeal ordered a new trial on all issues. Ms. Aills sought reviewwith this Court. She argues that neither liability nor damages should be retried.

Lee County

The Florida Bar v. George Louis Garcia

SC06-1881

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

 

Approx. 10:50

In this disciplinary case, The Florida Bar accuses Mr. Garcia of flouting an orderfrom this Court suspending him from the practice of law for three years. The trialjudge considering the case as a referee concluded that Mr. Garcia did violate hissuspension by handling trust accounts as a real estate paralegal. The referee hasrecommended that this Court permanently disbar Mr. Garcia.

Miami-Dade County

Kirk Douglas Williams v. State of Florida

SC08-965

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

Approx. 11:20

Mr. Williams was convicted of the first-degree murder of Susan Dykes, who wasfatally beaten in 2006. The jury voted 11-1 to recommend a death sentence and thetrial court condemned Mr. Williams. This is his direct appeal. He raises variousissues.

Walton County

 

 

Florida Supreme Court Oral Arguments

Thursday, December 10, 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

Inquiry Concerning a Judge: Peter A. Bell

SC09-782

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

 

9:00

The Supreme Court has ordered Judge Bell to appear for administration of a publicreprimand for improper conduct.

Charlotte County

The Florida Bar v. Robert Joseph Ratiner

SC08-689

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

Approx. 9:10

In this disciplinary case, The Florida Bar accuses Mr. Ratiner of violating theethical standards for attorneys by behaving aggressively and belligerently duringa deposition in a civil trial. The trial judge considering the case as a refereeconcluded that Mr. Ratiner's behavior was extreme and that he has shown noremorse. She has recommended that this Court disbar Mr. Ratiner.

Miami-Dade County

State of Florida v. Freddrick Hines

SC08-1204

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

Approx. 9:40

Mr. Hines was convicted of robbery with a firearm and sentenced to life in prison as a prison releasee re-offender. But in a later trial on other charges he was acquitted of possession of the same gun as was used as evidence in the first trial. The First District Court of Appeal reversed his robbery conviction and asked this Court to decide whether a conviction must be reversed if a question of ultimate fact used in the case is determined differently in a later case.

Justice Polston is recused.

Alachua County

Donald Lenneth Banks v. State of Florida

SC08-1741

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

N/A

Removed from calendar and rescheduled for March

Duval County

 

 

 

Florida Supreme Court Oral Arguments

Friday, December 11, 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