Supreme Court Of Florida Oral Argument Press Summaries
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Supreme Court of Florida ORAL ARGUMENT PRESS SUMMARIES OCTOBER 5-9 & 26, 2009 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. Via Satellite: Information available at http://www.wfsu.org/tv/services.php#satellite Satellite broadcasts are subject to change. Check with Rick Potrikus at FSU for last minute changes (800) 322-WFSU. Watch us on the Web in RealVideo at http://wfsu.org/gavel2gavel/
If you miss a live case, view it from our archive:
http://wfsu.org/gavel2gavel/archives.htm
Names & phone numbers of attorneys in cases: http://www.flcourts.org/pubinfo/summaries/attorneys.pdf
Robert Craig Waters, Director of Public Information (850) 414-7641
FLORIDA SUPREME COURT ORAL ARGUMENTS
MONDAY, OCTOBER 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
Induction of New Attorneys
2:30
The Court will hold a formal session to give the oath admitting new attorneys to The Florida Bar. Inductees will be from around the state who have successfully completed their exams and background checks.
Statewide
No briefs
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
TUESDAY, OCTOBER 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
Alwin C. Tumberlin v. State of Florida
9:00
Mr. Tumblin was convicted of the first-degree murder of Jimmy Johns, who was fatally shot during a robbery of his auto repair shop in 2004. The jury voted unanimously to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises several issues.
St. Lucie County
Approx. 10:00
Ms. Cole was convicted of the murders of James and Carol Sumner, who were kidnapped from their home in 2005 and buried alive. The jury voted 9-3 to recommend a death sentence for each murder and the trial court condemned her. This is her direct appeal. She raises various issues.
Duval County
Approx. 11:00
After her husband was fatally injured on the job, Ms. Perera filed a wrongful death lawsuit against his employer, which eventually reached a $10 million settlement with her. Ms. Perera then accused United States Fidelity & Guaranty Co., which insured the employer, of acting in bad faith during negotiations. The federal trial court dismissed that count and, on appeal, the 11th U.S. Circuit Court of Appeals asked this Court to rule on the scope of state insurance law at issue in the case.
Hillsborough County
Approx. 11:40
Mr. Wald was injured in a car collision and sued the other driver. After the jury returned a verdict for Mr. Wald, the other driver died and Ms. Grainger, who was personal representative of his estate, appealed. The First District Court of Appeal reversed the trial court and Mr. Wald sought review by this Court. The issue is whether the trial judge or the jury should decide whether Mr. Wald's injuries were permanent.
Duval County
SC07-2111 View briefs in Acrobat format by clicking the case number(s) here
Tiffany Ann Cole v. State of Florida SC08-528 View briefs in Acrobat format by clicking the case number(s) here
Pamela Perera v. U.S. Fidelity & Guaranty Co. SC08-1968 View briefs in Acrobat format by clicking the case number(s) here
Howard B. Wald, Jr. v. Athena Grainger SC08-1143 View briefs in Acrobat format by clicking the case number(s) here
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
WEDNESDAY, OCTOBER 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
Michael Seibert v. State of Florida
9:00
Mr. Seibert was convicted of the first-degree murder of Karolay Adrianza, who was fatally attacked in 1998. The jury voted 9-3 to recommend that he be sentenced to death and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Seibert filed a postconviction motion in the trial court. It was denied and this appeal followed.
Miami-Dade County
Approx. 9:40
Mr. Rodriguez was convicted of the first-degree murders of Bea Joseph, Sam Joseph and Genevieve Abraham, who were fatally shot in 1984. The jury voted unanimously to recommend death sentences for all three murders and the trial court condemned him. This Court upheld the sentences on direct appeal and Mr. Rodriguez filed a post-conviction challenge in trial court. It was denied and this appeal followed.
Miami-Dade County
Approx. 10:30
Mr. Del Valle pleaded guilty to possession of cocaine and grand theft and was placed on probation and ordered to pay restitution and costs. After he fell behind in his monthly payments, the trial court ruled he had violated his probation and sentenced him to boot camp. Mr. Del Valle appealed, arguing there was no evidence that he had the ability to make his payments. The Third District Court of Appeal upheld the trial court and Mr. Del Valle asked this Court to review the case.
Miami-Dade County
Approx. 11;10
Mr. Montgomery was convicted of second-degree murder but the First District Court of Appeal overturned his conviction. The state asked this Court to review the case and the 1st DCA asked this Court to rule whether Florida law requires prosecutors to prove intent to kill in order to prove the crime of "manslaughter by act."
Duval County
SC08-708 | SC08-1615 View briefs in Acrobat format by clicking the case number(s) here
Manuel Antonio Rodriguez v. State of Florida SC05-859 | SC07-1314 View briefs in Acrobat format by clicking the case number(s) here
Carlos Del Valle v. State of Florida SC08-2001 View briefs in Acrobat format by clicking the case number(s) here
State of Florida v. Steven W. Montgomery SC05-2047 View briefs in Acrobat format by clicking the case number(s) here
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
THURSDAY, OCTOBER 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
Derrick McLean v. State of Florida
9:00
Mr. McLean was convicted of the first-degree murder of Jahvon Thompson, who was fatally shot in 2004. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises various issues.
Orange County
Approx. 10:00
Mr. Nelson was convicted of the first-degree murder of 78-year-old Virginia Brace, who was sexually assaulted, kidnapped and killed in 1997. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This Court upheld his conviction and sentence on direct appeal and Mr. Nelson filed a post-conviction challenge in trial court. It was denied and this appeal followed.
Polk County
Approx. 10:40
Mr. Hernandez and Mr. McLaughlin refused to submit to breath tests after being arrested on charges of driving under the influence of alcohol. The DHSMV suspended their licenses. Both men agued they had not been lawfully arrested, first in administrative challenges and then in court. The Second District Court of Appeal upheld the suspension of Mr. McLaughlin's license; the First District Court of Appeal ruled the circuit court had erred in denying Mr. Hernandez's appeal.
Polk County
Approx. 11:20
Mr. Riley was convicted of sexual battery of a child younger than 12 and sentenced to life in prison. The First District Court of Appeal reversed the conviction and ordered a new trial. The state sought review in this Court and the 1st DCA asked this Court to rule whether the failure of the trial court to instruct jurors on a lesser offense was harmless error.
Leon County
SC07-2297 View briefs in Acrobat format by clicking the case number(s) here
Micah Louis Nelson v. State of Florida SC08-589 | SC08-1965 View briefs in Acrobat format by clicking the case number(s) here
Florida Department of Highway Safety & Motor Vehicles v. William Hernandez SC08-2330 | SC08-2394 View briefs in Acrobat format by clicking the case number(s) here
State of Florida v. Eddie Riley SC08-2116 View briefs in Acrobat format by clicking the case number(s) here
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
FRIDAY, OCTOBER 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
No cases scheduled
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
MONDAY, OCTOBER 26, 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
Celebration of National Pro Bono Legal Services Day
3:00
The Court will convene in ceremonial session for a Pro Bono Celebration as part of a national effort coordinated by the American Bar Association's Standing Committee on Pro Bono and Public Service. Hundreds of thousands of lawyers in our country donate, on average, more than 40 hours of free legal services every year to people of limited means. The National Pro Bono Celebration is scheduled for the last week of October and will be marked by events all across the nation. This first week-long celebration is dedicated to the fundamental concept of justice for all.
Leon County
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
Supreme Court of Florida ORAL ARGUMENT PRESS SUMMARIES OCTOBER 5-9 & 26, 2009 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. Via Satellite: Information available at http://www.wfsu.org/tv/services.php#satellite Satellite broadcasts are subject to change. Check with Rick Potrikus at FSU for last minute changes (800) 322-WFSU. Watch us on the Web in RealVideo at http://wfsu.org/gavel2gavel/
If you miss a live case, view it from our archive:
http://wfsu.org/gavel2gavel/archives.htm
Names & phone numbers of attorneys in cases: http://www.flcourts.org/pubinfo/summaries/attorneys.pdf
Robert Craig Waters, Director of Public Information (850) 414-7641
FLORIDA SUPREME COURT ORAL ARGUMENTS
MONDAY, OCTOBER 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
Induction of New Attorneys
2:30
The Court will hold a formal session to give the oath admitting new attorneys to The Florida Bar. Inductees will be from around the state who have successfully completed their exams and background checks.
Statewide
No briefs
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
TUESDAY, OCTOBER 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
Alwin C. Tumberlin v. State of Florida
9:00
Mr. Tumblin was convicted of the first-degree murder of Jimmy Johns, who was fatally shot during a robbery of his auto repair shop in 2004. The jury voted unanimously to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises several issues.
St. Lucie County
Approx. 10:00
Ms. Cole was convicted of the murders of James and Carol Sumner, who were kidnapped from their home in 2005 and buried alive. The jury voted 9-3 to recommend a death sentence for each murder and the trial court condemned her. This is her direct appeal. She raises various issues.
Duval County
Approx. 11:00
After her husband was fatally injured on the job, Ms. Perera filed a wrongful death lawsuit against his employer, which eventually reached a $10 million settlement with her. Ms. Perera then accused United States Fidelity & Guaranty Co., which insured the employer, of acting in bad faith during negotiations. The federal trial court dismissed that count and, on appeal, the 11th U.S. Circuit Court of Appeals asked this Court to rule on the scope of state insurance law at issue in the case.
Hillsborough County
Approx. 11:40
Mr. Wald was injured in a car collision and sued the other driver. After the jury returned a verdict for Mr. Wald, the other driver died and Ms. Grainger, who was personal representative of his estate, appealed. The First District Court of Appeal reversed the trial court and Mr. Wald sought review by this Court. The issue is whether the trial judge or the jury should decide whether Mr. Wald's injuries were permanent.
Duval County
SC07-2111 View briefs in Acrobat format by clicking the case number(s) here
Tiffany Ann Cole v. State of Florida SC08-528 View briefs in Acrobat format by clicking the case number(s) here
Pamela Perera v. U.S. Fidelity & Guaranty Co. SC08-1968 View briefs in Acrobat format by clicking the case number(s) here
Howard B. Wald, Jr. v. Athena Grainger SC08-1143 View briefs in Acrobat format by clicking the case number(s) here
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
WEDNESDAY, OCTOBER 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
Michael Seibert v. State of Florida
9:00
Mr. Seibert was convicted of the first-degree murder of Karolay Adrianza, who was fatally attacked in 1998. The jury voted 9-3 to recommend that he be sentenced to death and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Seibert filed a postconviction motion in the trial court. It was denied and this appeal followed.
Miami-Dade County
Approx. 9:40
Mr. Rodriguez was convicted of the first-degree murders of Bea Joseph, Sam Joseph and Genevieve Abraham, who were fatally shot in 1984. The jury voted unanimously to recommend death sentences for all three murders and the trial court condemned him. This Court upheld the sentences on direct appeal and Mr. Rodriguez filed a post-conviction challenge in trial court. It was denied and this appeal followed.
Miami-Dade County
Approx. 10:30
Mr. Del Valle pleaded guilty to possession of cocaine and grand theft and was placed on probation and ordered to pay restitution and costs. After he fell behind in his monthly payments, the trial court ruled he had violated his probation and sentenced him to boot camp. Mr. Del Valle appealed, arguing there was no evidence that he had the ability to make his payments. The Third District Court of Appeal upheld the trial court and Mr. Del Valle asked this Court to review the case.
Miami-Dade County
Approx. 11;10
Mr. Montgomery was convicted of second-degree murder but the First District Court of Appeal overturned his conviction. The state asked this Court to review the case and the 1st DCA asked this Court to rule whether Florida law requires prosecutors to prove intent to kill in order to prove the crime of "manslaughter by act."
Duval County
SC08-708 | SC08-1615 View briefs in Acrobat format by clicking the case number(s) here
Manuel Antonio Rodriguez v. State of Florida SC05-859 | SC07-1314 View briefs in Acrobat format by clicking the case number(s) here
Carlos Del Valle v. State of Florida SC08-2001 View briefs in Acrobat format by clicking the case number(s) here
State of Florida v. Steven W. Montgomery SC05-2047 View briefs in Acrobat format by clicking the case number(s) here
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
THURSDAY, OCTOBER 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
Derrick McLean v. State of Florida
9:00
Mr. McLean was convicted of the first-degree murder of Jahvon Thompson, who was fatally shot in 2004. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises various issues.
Orange County
Approx. 10:00
Mr. Nelson was convicted of the first-degree murder of 78-year-old Virginia Brace, who was sexually assaulted, kidnapped and killed in 1997. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This Court upheld his conviction and sentence on direct appeal and Mr. Nelson filed a post-conviction challenge in trial court. It was denied and this appeal followed.
Polk County
Approx. 10:40
Mr. Hernandez and Mr. McLaughlin refused to submit to breath tests after being arrested on charges of driving under the influence of alcohol. The DHSMV suspended their licenses. Both men agued they had not been lawfully arrested, first in administrative challenges and then in court. The Second District Court of Appeal upheld the suspension of Mr. McLaughlin's license; the First District Court of Appeal ruled the circuit court had erred in denying Mr. Hernandez's appeal.
Polk County
Approx. 11:20
Mr. Riley was convicted of sexual battery of a child younger than 12 and sentenced to life in prison. The First District Court of Appeal reversed the conviction and ordered a new trial. The state sought review in this Court and the 1st DCA asked this Court to rule whether the failure of the trial court to instruct jurors on a lesser offense was harmless error.
Leon County
SC07-2297 View briefs in Acrobat format by clicking the case number(s) here
Micah Louis Nelson v. State of Florida SC08-589 | SC08-1965 View briefs in Acrobat format by clicking the case number(s) here
Florida Department of Highway Safety & Motor Vehicles v. William Hernandez SC08-2330 | SC08-2394 View briefs in Acrobat format by clicking the case number(s) here
State of Florida v. Eddie Riley SC08-2116 View briefs in Acrobat format by clicking the case number(s) here
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
FRIDAY, OCTOBER 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
No cases scheduled
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
FLORIDA SUPREME COURT ORAL ARGUMENTS
MONDAY, OCTOBER 26, 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
Celebration of National Pro Bono Legal Services Day
3:00
The Court will convene in ceremonial session for a Pro Bono Celebration as part of a national effort coordinated by the American Bar Association's Standing Committee on Pro Bono and Public Service. Hundreds of thousands of lawyers in our country donate, on average, more than 40 hours of free legal services every year to people of limited means. The National Pro Bono Celebration is scheduled for the last week of October and will be marked by events all across the nation. This first week-long celebration is dedicated to the fundamental concept of justice for all.
Leon County
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
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