Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

February 2-6, 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, February 2, 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, February 3, 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

In re: Amendments to Florida Rule of JuvenileProcedure 8.255

SC08-1236

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

9:00

The Steering Committee on Families and Children in Court is asking the Court toapprove proposed changes to the rules governing hearings in foster care cases.Under the change, children in foster care who are at least 16 years old would haveto attend all hearings unless there was a good reason for them to be absent.

Statewide impact

Troy Victorino v. State of Florida

SC06-2090

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

Approx. 9:30

Mr. Victorino was convicted of the first-degree murders of Erin Belanger,Francisco Ayo Roman, Jonathan Gleason and Roberto Gonzalez as well asMichelle Nathan and Anthony Vega. All six victims were fatally beaten with abaseball bat in their home in 2006. The jury voted to recommend death sentencesin the first four cases by votes ranging from 7-5 to 10-2. The court followed thejury recommendations and condemned Mr. Victorino. This is his direct appeal. Heraises several issues.

Volusia County

Clemente Javier Aquirre-Jarquin

SC06-1550

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

Approx. 10:30

Mr. Aquirre-Jarquin was convicted of the first-degree murders of Cheryl Williamsand Carol Bareis, who were fatally stabbed in their home in 2004. The jury voted7-5 to recommend a death sentence for the murder of Ms. Williams and 9-3 to recommend a death sentence for the murder of Ms. Bareis. The court followed thejury recommendations for both murders and Mr. Aquirre-Jarquin was condemned.This is his direct appeal. He raises several issues.

Seminole County

 

 

Florida Supreme Court Oral Arguments

Wednesday, February 4, 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

Marshall Lee Gore v. State of Florida

SC05-1848

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

9:00

Mr. Gore was convicted of the first-degree murder of Robyn Novick, who wasfatally stabbed and strangled in 1988. He was condemned but this Court reversedhis death sentence and murder conviction both and ordered a new trial. Mr. Gorewas again convicted. The jury voted unanimously to recommend a death sentenceand Mr. Gore was again condemned. This Court upheld the death sentence ondirect appeal and Mr. Gore filed a postconviction challenge in trial court. It wasdenied and this appeal followed. Mr. Gore raises various issues.

Miami-Dade County

William Lee Thompson v. State of Florida

SC07-2000

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

Approx. 9:40

Mr. Thompson pleaded guilty to the kidnapping, sexual battery and first-degreemurder of Sally Ivester, who was fatally beaten in 1976. He was condemned todeath. After a number of appeals, this Court vacated the death sentence. At resentencing, the jury voted 7-5 to recommend death and the trial court again imposedthe death penalty. This Court upheld the sentence on direct appeal. Mr. Thompsonfiled two more postconviction challenges in trial court, which rejected both ofthem. This appeal followed the latest trial court denial.

Miami-Dade County

Jeffrey G. Hutchinson v. State of Florida

SC08-99

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

Approx. 10:30

Mr. Hutchinson was convicted of the first-degree murders of Renee Flaherty andher three children, 9-year-old Geoffrey, 7-year-old Amanda, 4-year-old LoganFlaherty, all of whom were fatally shot in 1998. He was sentenced to life in prisonfor the murder of Renee Flaherty and condemned to death for the murders of thethree children. This Court upheld the sentences on direct appeal and Mr. Hutchinson filed a post-conviction challenge in trial court. It was rejected and this appeal followed.

Okaloosa County

 

 

Florida Supreme Court Oral Arguments

Thursday, February 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

Juan Carlos Chavez v. State of Florida

SC07-952 | SC08-970

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

9:00

Mr. Chavez was convicted of the first-degree murder of 9-year-old Jimmy Ryce,who was kidnapped, sexually assaulted and fatally shot in 1995. The juryunanimously recommended a death sentence, which the trial court imposed. ThisCourt upheld the murder conviction and death sentence on direct appeal. The trialcourt denied Mr. Chavez's postconviction challenge, and this appeal followed withMr. Chavez raising various issues.

Miami-Dade County

Dwight T. Eaglin v. State of Florida

SC06-760

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

Aprox. 9:40

Mr. Eaglin was convicted of the first-degree murders of Darla K. Lathrem andCharles B. Fuston, who were both fatally beaten during an attempted prison escapein 2003. The jury voted 8-4 to recommend a death sentence for each murder andhe was condemned. This is his direct appeal. He raises various issues.

Charlotte County

Samuel L. Smithers v. State of Florida

SC07-2258 | SC08-868

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

Approx. 10:40

Mr. Smithers was convicted of the first-degree murders of Cristy Cowan andDenise Roach, who were strangled, stabbed and beaten in 1996. The jury votedunanimously to recommend death sentences for each murder and he was condemned. This Court upheld the death sentences on direct appeal and Mr. Smithers filed a post-conviction challenge in trial court. It was denied and this appealfollowed. Mr. Smithers also has filed a petition for a writ of habeas corpus.

Hillsborough County

 

 

Florida Supreme Court Oral Arguments

Friday, February 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

No arguments scheduled