Official - Subject to Final Review
1 IN THE SUPREME COURT OF THE UNITED STATES2 - - - - - - - - - - - - - - - - - x3 GARY LAWRENCE, :4 Petitioner, :5 v. : No. 05-88206 FLORIDA. :7 - - - - - - - - - - - - - - - - - x8 Washington, D.C.9 Tuesday, October 31, 20061011 The above-entitled matter came on for oral12 argument before the Supreme Court of the United13 States at 11:05 a.m.14 APPEARANCES:15 MARY C. BONNER, ESQ., Ft. Lauderdale, Fla.; on16 behalf of the Petitioner.17 CHRISTOPHER M. KISE, ESQ., Tallahassee, Fla; on18 behalf of the Respondent.192021222324251
Alderson Reporting Company
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Official - Subject to Final Review
C O N T E N T S
ORAL ARGUMENT OF PAGEMARY C. BONNER, ESQ.On behalf of the Petitioner 3ORAL ARGUMENT OFCHRISTOPHER M. KISE, ESQ.On behalf of the Respondent 23REBUTTAL ARGUMENT OFMARY C. BONNER, ESQ.On behalf of the Petitioner 462
Alderson Reporting Company
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Official - Subject to Final Review
P R O C E E D I N G S(11:05 a.m.)CHIEF JUSTICE ROBERTS: We'll hear argumentsnext in Lawrence V. Florida.Ms. Bonner.ORAL ARGUMENT OF MARY C. BONNERON BEHALF OF PETITIONERMS. BONNER: Mr. Chief Justice, and may itplease the Court:Mr. Lawrence in this case made anapplication for relief in the state courts of Florida,that unfortunately was denied to him, the relief that hesought. Consequently, he came here to the United StatesSupreme Court on a certiorari review and the certiorari,although it was denied, he did present to this Court anissue on which it could have acted had it chosen to act.It is well within the power under 28 U.S.C. 2104 forthis Court to modify, vacate, remand. In other words,this Court can and could have affected that judgment.Our position is that this -- there is adistinction between the, quote, "appellate jurisdiction"under 2104 and the original writ of certiorari whichwould lie in this Court in some instances. When oneuses the appeal, one is not making a new application.We respectfully suggest that the utilization of the3
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