Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

December 3 to 7, 2012

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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 3, 2012

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

Jerry Michael Wickham v. State of Florida

SC11-1193 | SC12-303

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

9:00

Mr. Wickham was convicted of the first-degree murder of Morris Fleming, whowas fatally shot in1986. The jury voted 11-1 to recommend a death sentence andthe trial court condemned him to death. This Court upheld the sentence on directappeal. Mr. Wickham filed a post-conviction challenge in trial court and it wasdenied. But this Court later remanded the case to the trial court for a newevidentiary hearing. After holding the hearing, the trial court again denied Mr.Wickham's post-conviction challenge and this appeal followed.

Leon County

 

Florida Supreme Court Oral Arguments

Tuesday, December 4, 2012

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

Richard McCoy v. State of Florida

SC10-2206

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

9:00

Mr. McCoy was convicted of the first-degree murder of Shervie Ann Elliot, whowas fatally shot in 2000 in the liquor store where she worked. The jury voted 7-5to recommend a death sentence and the trial court condemned him to death. ThisCourt upheld his sentence on direct appeal and Mr. McCoy filed a post-convictionchallenge in trial court. It was denied and this appeal followed.

Duval County

State of Florida v. Sirron Johnson

SC09-1570

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

Approx. 9:40

Mr. Johnson was sentenced to 48 years in prison for the armed kidnapping,robbery and sexual battery of three women. The First District Court of Appealrejected his appeal. Mr. Johnson next challenged his sentences in trial court, whichruled that two of his sentences exceeded the state maximum. He was resentencedto 40 years on each count and then filed a new challenge against his newsentences. The trial court denied it but the 1st DCA overturned the trial court. ThisCourt granted review to resolve a conflict in the district courts.

Duval County

Merly Nunez v. GEICO General Insurance Co.

SC12-650

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

Approx. 10:30

The 11th U.S. Circuit Court of Appeals has asked this Court whether Florida lawallows an insurer to require that a policy holder show up to be questioned underoath about a claim in order to receive benefits due under a personal injuryprotection auto policy. The question arose in the course of a class-action lawsuitthat Ms. Nunez filed against Geico in state court. Geico transferred the case tofederal trial court, where it was dismissed. Ms. Nunez appealed to the 11th Circuit.

South Florida

 

Florida Supreme Court Oral Arguments

Wednesday, December 5, 2012

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

Tommy Lee Alcorn v. State of Florida

SC11-1322

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

9:00

Mr. Alcorn rejected a plea agreement for 12 years in prison for drug charges. Hewent to trial and was convicted. The court sentenced him to 30 years in prison asa habitual offender. He challenged his conviction, arguing his attorney hadincorrectly told him he did not qualify as a habitual offender. The trial courtdenied his claim and the Fourth District Court of Appeal upheld the trial court.The 4th DCA also said its decision conflicted with rulings from other DistrictCourts of Appeal.

Indian River County

Theodore Rodgers, Jr. v. State of Florida

SC11-2259

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

Approx. 9:40

Mr. Rodgers was convicted of the first-degree murder of Teresa Henderson, whowas fatally shot in 2001. The jury voted 8-4 to recommend a death sentence andthe trial court condemned him to death. This Court upheld his sentence on directappeal and Mr. Rodgers filed a post-conviction challenge in trial court. It wasdenied and this appeal followed.

Orange County

Leonard Patrick Gonzalez, Jr. V. State of Florida

SC11-475

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

Approx. 10:30

Mr. Gonzalez was convicted of the first-degree murders of Byrd and MelanieBillings, who were fatally shot in their home in 2009. The jury voted 10-2 to recommend a death sentence for each murder and the trial court condemned him todeath. This is his direct appeal. He raises various issues.

Escambia County

Washington National Insurance Corp. V. Sydelle Ruderman

SC12-323

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

Approx. 11:30

The 11th U.S. Circuit Court of Appeals has asked this Court what Florida lawrequires in cases where the meaning of a provision in an insurance policy isambiguous. Washington National argues there is no ambiguity in its home healthcare policy and cites various documents as proof. Ms. Ruderman and others arguelanguage in the policy providing an 8 percent annual increase in benefits isambiguous and should be interpreted in their favor.

Statewide impact

 

Florida Supreme Court Oral Arguments

Thursday, December 6, 2012

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

State of Florida v. Michael Peter Fitzpatrick

SC11-1509

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

 

9:00

A jury convicted Mr. Fitzpatrick of the first-degree murder and sexual battery ofLaura Romines, who was fatally stabbed in 1996. The jury voted 10-2 torecommend a death sentence and the trial court condemned him to death. ThisCourt upheld his sentence on direct appeal and Mr. Fitzpatrick filed apost-conviction challenge in trial court. The trial court granted him a new trial andthis appeal followed.

Pasco County

Joel Diaz v. State of Florida

SC11-949 | SC12-289

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

Approx.
9:40

Mr. Diaz was convicted of the first-degree murder of Charles Shaw, who wasfatally shot in 1997. The jury voted 9-3 to recommend a death sentence and thetrial court condemned Mr. Diaz to death. This Court upheld the death sentence ondirect appeal and Mr. Diaz filed a post-conviction challenge in trial court. It wasdenied and this appeal followed.

Lee County

The Florida Bar v. Richard Lee Buckle

SC10-1533

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

Approx. 10:30

In this disciplinary case, The Florida Bar accuses Mr. Buckle of ethical violations related to his handling of a child custody matter. The trial judge who considered the allegations as a referee concluded Mr. Buckle was guilty of violating rules that require attorneys to act diligently on cases and to keep clients informed. The referee also concluded Mr. Buckle had charged an excessive fee. The referee recommended that this Court disbar Mr. Buckle. Mr. Buckle argues he is innocent of the allegations; The Bar supports the referee's conclusions and recommended discipline.

Justice Quince is recused.

Manatee County

 

Florida Supreme Court Oral Arguments

Friday, December 7, 2012

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