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 Statewide
The Florida Bar. Inductees will be from around the state who have successfully
completed their exams and background checks.
No briefs
Check for Latest Information http://www.floridasupremecourt.org/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internet video http://wfsu.org/gavel2gavel/ Archives: http://wfsu.org/gavel2gavel/archives.html
TUESDAY, OCTOBER 6, 2009
Alwin C. Tumberlin v. State of Florida 9:00 Mr. Tumblin was convicted of the first-degree murder of Jimmy Johns, who was St. Lucie County
fatally shot during a robbery of his auto repair shop in 2004. The jury voted
SC07-2111 unanimously to recommend a death sentence and the trial court condemned him.
View briefs in Acrobat format by clicking the case This is his direct appeal. He raises several issues.
number(s) here
Tiffany Ann Cole v. State of Florida Approx. Ms. Cole was convicted of the murders of James and Carol Sumner, who were Duval County
10:00 kidnapped from their home in 2005 and buried alive. The jury voted 9-3 to
SC08-528 recommend a death sentence for each murder and the trial court condemned her.
View briefs in Acrobat format by clicking the case This is her direct appeal. She raises various issues.
number(s) here
Pamela Perera v. U.S. Fidelity & Guaranty Co. Approx. After her husband was fatally injured on the job, Ms. Perera filed a wrongful death Hillsborough County
11:00 lawsuit against his employer, which eventually reached a $10 million settlement
SC08-1968 with her. Ms. Perera then accused United States Fidelity & Guaranty Co., which
View briefs in Acrobat format by clicking the case insured the employer, of acting in bad faith during negotiations. The federal trial
number(s) here 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.
Howard B. Wald, Jr. v. Athena Grainger Approx. Mr. Wald was injured in a car collision and sued the other driver. After the jury Duval County
11:40 returned a verdict for Mr. Wald, the other driver died and Ms. Grainger, who was
SC08-1143 personal representative of his estate, appealed. The First District Court of Appeal
View briefs in Acrobat format by clicking the case reversed the trial court and Mr. Wald sought review by this Court. The issue is
number(s) here whether the trial judge or the jury should decide whether Mr. Wald's injuries were
permanent.
WEDNESDAY, OCTOBER 7, 2009
Michael Seibert v. State of Florida 9:00 Mr. Seibert was convicted of the first-degree murder of Karolay Adrianza, who Miami-Dade County
was fatally attacked in 1998. The jury voted 9-3 to recommend that he be
SC08-708 | SC08-1615 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
View briefs in Acrobat format by clicking the case court. It was denied and this appeal followed.
number(s) here
Manuel Antonio Rodriguez v. State of Florida Approx. Mr. Rodriguez was convicted of the first-degree murders of Bea Joseph, Sam Miami-Dade County
9:40 Joseph and Genevieve Abraham, who were fatally shot in 1984. The jury voted
SC05-859 | SC07-1314 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.
View briefs in Acrobat format by clicking the case Rodriguez filed a post-conviction challenge in trial court. It was denied and this
number(s) here appeal followed.
Carlos Del Valle v. State of Florida Approx. Mr. Del Valle pleaded guilty to possession of cocaine and grand theft and was Miami-Dade County
10:30 placed on probation and ordered to pay restitution and costs. After he fell behind
SC08-2001 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
View briefs in Acrobat format by clicking the case evidence that he had the ability to make his payments. The Third District Court of
number(s) here Appeal upheld the trial court and Mr. Del Valle asked this Court to review the
case.
State of Florida v. Steven W. Montgomery Approx. Mr. Montgomery was convicted of second-degree murder but the First District Duval County
11;10 Court of Appeal overturned his conviction. The state asked this Court to review
SC05-2047 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
View briefs in Acrobat format by clicking the case act."
number(s) here
THURSDAY, OCTOBER 8, 2009
Derrick McLean v. State of Florida 9:00 Mr. McLean was convicted of the first-degree murder of Jahvon Thompson, who Orange County
was fatally shot in 2004. The jury voted 9-3 to recommend a death sentence and
SC07-2297 the trial court condemned him. This is his direct appeal. He raises various issues.
View briefs in Acrobat format by clicking the case
number(s) here
Micah Louis Nelson v. State of Florida Approx. Mr. Nelson was convicted of the first-degree murder of 78-year-old Virginia Polk County
10:00 Brace, who was sexually assaulted, kidnapped and killed in 1997. The jury voted
SC08-589 | SC08-1965 9-3 to recommend a death sentence and the trial court condemned him. This Court
View briefs in Acrobat format by clicking the case upheld his conviction and sentence on direct appeal and Mr. Nelson filed a
number(s) here post-conviction challenge in trial court. It was denied and this appeal followed.
Florida Department of Highway Safety & Motor Approx. Mr. Hernandez and Mr. McLaughlin refused to submit to breath tests after being Polk County
Vehicles v. William Hernandez 10:40 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
SC08-2330 | SC08-2394 in administrative challenges and then in court. The Second District Court of
View briefs in Acrobat format by clicking the case Appeal upheld the suspension of Mr. McLaughlin's license; the First District Court
number(s) here of Appeal ruled the circuit court had erred in denying Mr. Hernandez's appeal.
State of Florida v. Eddie Riley Approx. Mr. Riley was convicted of sexual battery of a child younger than 12 and Leon County
11:20 sentenced to life in prison. The First District Court of Appeal reversed the
SC08-2116 conviction and ordered a new trial. The state sought review in this Court and the
View briefs in Acrobat format by clicking the case 1st DCA asked this Court to rule whether the failure of the trial court to instruct
number(s) here jurors on a lesser offense was harmless error.
FRIDAY, OCTOBER 9, 2009
No cases scheduled
MONDAY, OCTOBER 26, 2009
Celebration of National Pro Bono Legal Services Day 3:00 The Court will convene in ceremonial session for a Pro Bono Celebration as part Leon County
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.

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Supreme Court of Florida

Robert Craig Waters, Director of Public Information

CASE TIME FACTS & ISSUES PLACE OF ORIGIN

CASE TIME FACTS & ISSUES PLACE OF ORIGIN

CASE TIME FACTS & ISSUES PLACE OF ORIGIN

CASE TIME FACTS & ISSUES PLACE OF ORIGIN

CASE TIME FACTS & ISSUES PLACE OF ORIGIN

CASE TIME FACTS & ISSUES PLACE OF ORIGIN

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