Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

December 6-10, 2010

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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 6, 2010

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

Thomas William Rigterink v. State of Florida

SC05-2162

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

 

9:00

Mr. Rigterink was convicted of the first-degree murders of Jeremy Jarvis and Allison Sousa, who were fatally stabbed in 2003. The jury voted 7-2 to recommend a death sentence for each murder and the trial court condemned him. On direct appeal, this Court ruled that the Miranda warnings given to Mr. Rigterink during questioning were unconstitutional. The U.S. Supreme Court reversed and returned the case for new proceedings here.

Polk County

Robert Bennett v. St. Vincent’s Medical Center

SC10-364 | SC10-390

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

Approx. 10:00

Robert and Tammy Bennett sued St. Vincent's and other health care providers after their newborn daughter suffered neurological injuries that left her permanently impaired. An administrative law judge agreed with the parents that they could file suit in court and were not limited by state law to seeking compensation through the Florida Birth-Related Neurological Injury Compensation Association (NICA). The First District Court of Appeal, however, overturned that ruling. Both the Bennetts and NICA sought this Court's review and assert that the 1st DCA erred by too broadly defining the injuries that are covered by the NICA Plan.

Duval County

 

 

Florida Supreme Court Oral Arguments

Tuesday, December 7, 2010

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

Ray Lamar Johnston v. State of Florida

SC09-496 | SC09-2148

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

 

 

 

 

 

 

9:00

Mr. Johnston was convicted of the first-degree murder of Janice Nugent, whowas strangled in her home in February 1997. The jury voted 7-5 to recommenda death sentence. The trial court condemned him but later granted him a newpenalty hearing. After the second penalty hearing, the jury voted 11-1 torecommend a death sentence and the trial court condemned him again. ThisCourt upheld the sentence on direct appeal and Mr. Johnston filed apost-conviction challenge in trial court. It was rejected and this appealfollowed. He raises various issues.

Hillsborough County

Ray Lamar Johnston v. State of Florida

SC09-780 | SC10-75

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

Approx. 9:40

Mr. Johnston was convicted of the first-degree murder of Leanne Coryell, whowas strangled in August 1997. The jury voted unanimously to recommend adeath sentence and the trial court condemned him. This Court upheld thesentence on direct appeal and Mr. Johnston filed a post-conviction challenge intrial court. It was denied and this appeal followed. He raises various issues.

Hillsborough Couinty

The Florida Bar v. Patrick Mirk

SC08-1423

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

Approx. 10:30

In this disciplinary case, the Florida Bar accuses Mr. Mirk of violating theethical standards for attorneys by spending client funds entrusted to him. Thetrial judge considering the case as a referee concluded that Mr. Mirk did violatethe ethical standards and has recommended that this Court disbar Mr. Mirk.The Bar supports the referee's conclusions. Mr. Mirk argues the referee'sfindings should be rejected.

Hillsborough County

The Public Health Trust of Miami-Dade County v.Odette Acanda

SC10-302

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

Approx. 11:00

Odette Acanda sued the Public Health Trust of Miami-Dade County, d/b/aJackson Memorial Hospital, for negligence after Acanda's five-day-old son,Ryan, died from a severe bacterial infection. The jury found the Trust liablefor Ryan's death, and awarded damages. The Trust appealed to the ThirdDistrict Court of Appeal, which affirmed the judgment. The Trust challengesthe district court's decision and raises various issues.

Miami-Dade County

 

 

Florida Supreme Court Oral Arguments

Wednesday, December 8, 2010

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

J.B. Parker v. State of Florida

SC08-1385

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

 

 

 

 

 

 

 

9:00

Mr. Parker was convicted of the first-degree murder of Frances Slater, whowas fatally shot and stabbed in 1982. The jury voted 8-4 to recommend a deathsentence and the trial court condemned him. After various unsuccessfulappeals and post-conviction challenges, Mr. Parker won a new penalty hearing.After that hearing, the jury voted 11-1 to recommend a death sentence and thetrial court condemned him. This Court upheld Mr. Parker's second deathsentence on direct appeal and he filed a post-conviction challenge in trial court.It was denied and this appeal followed. He raises various issues.

 

Martin County

Tai A. Pham v. State of Florida

SC08-2355

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

 

 

 

 

 

 

 

 

Approx. 9:40

Mr. Pham was convicted for the first-degree murder of his estranged wife, Phi"Amy" Pham, who was fatally stabbed in her home in 2005. The jury voted10-2 to recommend a death sentence and the trial court condemned him. Thisis Mr. Pham's direct appeal. He raises various issues.

Seminole County

Shands Teaching Hospital v. Mercury Insurance Co.

SC09-2069

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

 

 

 

 

 

 

 

Approx. 10:40

Shands Teaching Hospital sued Mercury Insurance after the company paid a$10,000 settlement to a woman who had been hospitalized in Shands. The suitalleged that Mercury failed to comply with state law giving the hospital a lienon such settlements in order to recoup the cost of the care it provided. Mercuryargued the lien law violated the state constitution. The trial court disagreedwith Mercury but the First District Court of Appeal reversed that ruling. Thisappeal followed.

Alachua County

Leonardo Marrero v. State of Florida

SC09-2390

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

Approx. 11:20

Mr. Marrero was convicted of felony criminal mischief after driving a pickuptruck into the entrance of a casino, damaging four glass entrance doors. Heargued that the state failed to prove that the damage he caused hit the $1,000threshold for the felony charge. The state argued the jury could judge theextent of the damage based on a videotape and their life experience. The trialcourt denied his motion and the Third District Court of Appeal upheld thatruling. This appeal followed.

Miami-Dade County

 

 

Florida Supreme Court Oral Arguments

Thursday, December 9, 2010

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

Friday, December 10, 2010

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