Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

February 7-11 & 16, 2011

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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 7, 2011

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 Rules of Criminal Proecedure

SC09-1733

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

 

 

9:00

These proposed changes to court rules are intended to clarify when death rowinmates may file belated appeals after unsuccessful challenges to their sentences. The proposed changes would also add time limits and sanctions in somecircumstances and impose page limits and formatting requirements.

Statewide impact

In re: Amendments to Standard Jury Instructions inCriminal Cases

SC10-113

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

Approx. 9:30

The Court revised the standard jury instruction for manslaughter and invitedcomments on the changes. Individual attorneys as well as the Supreme CourtCommittee on Standard Jury Instructions in Criminal Cases suggested variousamendments to the Court's revisions.

Statewide impact

Christopher Johnson v. State of Florida

SC09-1045

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

Approx. 10:00

Following his conviction, Mr. Johnson appealed to the Fourth District Court ofAppeal. Citing a conflict of interest, the public defender's office filed a motion towithdraw from the case and to have it assigned to the state's Regional ConflictCounsel. The Regional Conflict Counsel objected but the 4th DCA granted thepublic defender's request. The Regional Conflict Counsel sought discretionaryreview by this Court.

Broward County

Charles Mapp v. State of Florida

SC09-1838

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

Approx. 10:40

After Mr. Mapp pleaded no contest to various charges, including burglary andgrand theft, he was sentenced as a habitual offender and ordered to pay restitutionto three victims. He challenged his sentencing as a habitual offender and the orderof restitution. The Second District Court of Appeal upheld both the sentence andthe restitution order. This appeal followed.

Polk County

 

 

Florida Supreme Court Oral Arguments

Tuesday, February 8, 2011

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: Yvonne Colodny

SC10-1486

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

9:00

Circuit Judge Yvonne Colodny has been summoned before the Court to receivea public reprimand for ethical misconduct.

Miami-Dade County

Lazaro E. Sosa v. Safeway Premium Finance Co.

SC09-1849

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

Approx. 9:10

Mr. Sosa filed a class-action lawsuit against Safeway, alleging it had overchargedhim and other customers $20 in violation of the state law that governs financecontracts for car insurance policies. The trial court certified the class but the ThirdDistrict Court of Appeal overturned that ruling. This appeal followed.

Miami-Dade County

Maria Cevallos v. Keri Ann Rideout

SC09-2238

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

Approx. 9:50

Ms. Cevallos and Ms. Rideout were involved in a multi-car collision in which Ms.Cevallos rear-ended Ms. Rideout. Ms. Cevallos sued Ms. Rideout, allegingnegligence. The trial court ruled in favor of Ms. Rideout and the Fourth DistrictCourt of Appeal upheld that ruling. This appeal followed.

Palm Beach County

Cornelius O. Baker v. State of Florida

SC09-549

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

Approx. 10:30

Mr. Baker was convicted of the first-degree murder of Elizabeth Uptagrafft, whowas kidnapped from her home and fatally shot in 2007. The jury voted 9-3 torecommend a death sentence and the trial court condemned him. This is Mr.Baker's direct appeal. He raises various issues.

Flagler County

 

 

Florida Supreme Court Oral Arguments

Wednesday, February 9, 2011

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

Timothy A. Robinson v. State of Florida

SC09-1860 | SC10-695

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

 

 

 

 

 

 

 

 

9:00

Mr. Robinson was convicted of, among other charges, the first-degree murders offour people. Derek Hill, Morris Douglas, Michael McCormick and Mildred Bakerwere stabbed, slashed and shot in 1988. The jury voted 6-6 to recommend that hebe sentenced to life in prison but the trial court condemned him to death. ThisCourt upheld the death sentence on direct appeal and Mr. Robinson filed apost-conviction challenge in trial court. It was rejected and this appeal followed. He raises various issues and has also filed a petition for writ of habeas corpus.

Escambia County

Delta Property Management v. Profile Investments, Inc.

SC09-2075

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

 

 

 

 

 

 

 

 

 

Approx. 9:40

Delta and Profile are parties to a long-running dispute over ownership of a pieceof commercial property. In the latest rulings, the trial court ruled in favor of Deltaand the First District Court of Appeal overturned that decision, ruling for Profile.A central issue on appeal is whether Delta is entitled to the property based ondecisions issued in 2006 by this Court and the U.S. Supreme Court regarding whatsteps county officials must take to notify owners when property is being soldbecause taxes on it have not been paid.

Duval County

Kevin Jerome Scott v. State of Florida

SC09-1578

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

Approx. 10:30

Mr. Scott was convicted of the first-degree murder of Kristo Binjaku, who wasfatally shot in 2007. The jury voted 9-3 to recommend a death sentence and thetrial court condemned him. This is Mr. Scott's direct appeal. He raises variousissues.

Duval County

 

 

Florida Supreme Court Oral Arguments

Thursday, February 10, 2011

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

Ricardo Davila v. State of Florida

SC09-2177

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

 

9:00

Mr. Davila was sentenced to life in prison after being convicted of kidnapping aswell as various counts of aggravated child abuse, child abuse and child neglect forhis treatment of his 11-year-old son. He challenged his kidnapping convictions,arguing a parent of a child under the age of 13 cannot be convicted of kidnappinghis own child if there is no court order limiting parental authority or custody. Thetrial court rejected that argument. The Third District Court of Appeal upheld thetrial court but also noted conflict with the Second District Court of Appeal.

Miami-Dade County

Marbel Mendoza v. State of Florida

SC09-774

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

Approx. 9:40

Mr. Mendoza was convicted of the first-degree murder of Conrado Calderon, whowas fatally shot in 1992. The jury voted 7-5 to recommend a death sentence andthe trial court condemned Mr. Mendoza. This Court upheld the sentence on directappeal and Mr. Mendoza filed a post-conviction challenge in the trial court. Onappeal from the denial of relief, this Court remanded for further proceedings. Thisappeal follows the trial court's denial of relief. Mr. Mendoza raises various issues.

Miami-Dade County

James Pendergast v. Sprint Nextel Corp.

SC10-19

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

Approx. 10:30

Mr. Pendergast filed a lawsuit against Sprint, alleging he had been overchargedand challenging the class-action ban Sprint inserted into his cell-phone contract.A federal trial court granted Sprint's motion to compel arbitration and Mr.Pendergast appealed to the 11th U.S. District Court of Appeals. That federal courthas asked this Court to rule on whether the ban is allowed under Florida law. Thefederal court has also asked this Court what types of analysis Florida courts mustconduct to evaluate contract provisions that are challenged as unenforceable.

South Florida

Linda Crawford v. Jannie Barker

SC09-1969

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

Approx. 11:10

Ms. Crawford and Ms. Barker both claimed they were entitled to the proceedsfrom Manuel Crawford's retirement fund following his death. Ms. Crawford washis ex-wife and Ms. Barker was his daughter and the personal representative of hisestate. The trial court agreed with Ms. Crawford but the Third District Court ofAppeal overturned that decision. This appeal followed.

Miami-Dade County

 

 

 

Florida Supreme Court Oral Arguments

Friday, February 11, 2011

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: Implementation of Privacy & Court Records Committee Recommendations

SC08-2443

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

 

 

 8:30

The Court considers recommendations submitted after a comprehensive review ofcourt rules and forms. The review was ordered by the Court in an effort tominimize the introduction of unnecessary personal information into court records.The Committee on Access to Court Records submitted the proposed amendmentsbased on recommendations from various Florida Bar rules committees. Examplesof recommendations include using truncated forms of sensitive data, such as nameinitials of minors and the last four digits of certain identifying numbers.

Statewide impact

Susan Cohn v. The Grand Condominium Association

SC10-430

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

Approx. 9:10

Ms. Cohn and The Grand Condominium Association are involved in a disputeover the condominium's method of electing its board of directors and theconstitutionality of a state law dealing with the election of condominium officers.The trial court ruled the law was unconstitutional as applied in this case. The ThirdDistrict Court of Appeal also found the law unconstitutional.

Miami-Dade County

Margaret P. Donovan v. Okaloosa County

SC10-794

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

Approx. 9:50

Ms. Donovan and others challenged the validation of revenue bonds approved byOkaloosa County. The bonds were partially backed by assessments on theirproperties and were intended to finance two beach restoration projects. The trialcourt validated the bonds and this appeal followed.

Okaloosa County

Universal Insurance Co. v. Michael Warfel

SC10-948

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

Approx. 10:30

Mr. Warfel filed a claim on his insurance policy for damage he alleged resultedfrom sinkhole activity. The trial court instructed the jury to presume a sinkholereport prepared by Universal was correct, and that evidence presented by Warfelwas not. The jury concluded the damage was not caused by a sinkhole. Onappeal, the Second District Court of Appeal reversed, awarding Warfel a new trialbecause the judge had incorrectly instructed the jury. This appeal followed.

Pasco County

Andrew Richard Lukehart v. State of Florida

SC09-961 | SC09-1788

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

Approx. 11:10

Mr. Lukehart was convicted of the first-degree murder of 5-month-old GabrielleHanshaw, who was fatally injured in 1996. The jury voted 9-3 to recommend adeath sentence and the trial court condemned him. This Court upheld the sentenceon direct appeal and Mr. Lukehart filed a post-conviction challenge in trial court.It was rejected and this appeal followed. He raises various issues.

Duval County

 

 

 

Florida Supreme Court Oral Arguments

Wednesday, February 16, 2011

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

Alfredo Moreno- Gonzalez v. State of Florida

SC09-2163

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

10:00

Mr. Moreno-Gonzalez was charged with possession of more than 25 pounds ofmarijuana after police searched his home. He argued the search wasunconstitutional, in part because the affidavit in support of the search warrant wasnot signed by the police officer who prepared it. The trial court agreed and orderedthe evidence suppressed. The Third District Court of Appeal overturned thatdecision. This review followed.

Miami-Dade County