Florida Supreme Court oral arguments


  • By
  • | 12:00 p.m. December 5, 2001
  • | 5 Free Articles Remaining!
  • News
  • Share

Today

John Calvin Taylor II v. State of Florida

Place of origin: Clay County

Taylor was charged with the December 1997 murder of Shannon Holzer. At trial he was convicted and the jury later recommended the death penalty 10-to-2. The trial judge sentenced him to die. This is his direct appeal.

State of Florida v. Kellen Lee Betz

Place of origin: Pinellas County

A law enforcement officer stopped Betz for a traffic violation. After the stop, he noticed that the odor of marijuana was coming from Betz’ vehicle. Later the officer, despite Betz’ objection, searched the trunk of the vehicle and found more contraband.

The trial court overruled Betz’ motion to suppress evidence seized from the vehicle, but the Second District Court of Appeal later ruled that the evidence from the trunk was unlawfully seized. The State appeals.

State of Florida v. Lawrence Francis Lewis

Place of origin: Broward County

Lewis was tried, convicted, and sentenced to death for the May 1987 murder of a man named Gordon. His conviction and sentence were affirmed on appeal. Later Lewis challenged the validity of his sentence, and the trial court agreed with his arguments. The State appeals.

Gary Lawrence v. State of Florida

Place of origin: Santa Rosa County

Lawrence was tried, convicted, and sentenced to death for the July 1994 murder of Michael Dean Finkin. His sentence was affirmed on appeal. He now challenges its validity.

Thursday

Panda Energy International, Inc. v. E. Leon Jacobs, Jr.

Place of origin: Leon County

This case involves a challenge to a certification of need for a power generating facility.

Thomas Anthony Wyatt v. State of Florida

Place of origin: Indian River County

Wyatt was tried, convicted, and sentenced to death for the murders of Frances and William Edwards, Michael Bornoosh, and Cathy Nydegger during a May 1988 spree that included several robberies and car thefts. His convictions and sentences were affirmed on appeal. This case involves whether his counsel in postconviction proceedings must disclose the basis of a claimed conflict of interest where doing so allegedly would violate the attorney client privilege.

Lee County Electric Cooperative, Inc. v. E. Leon Jacobs, Jr.

Place of origin: Leon County

The Cooperative appeals the decision of the PSC dismissing, on jurisdictional grounds its complaint about the wholesale rate structure imposed by Seminole Electric Cooperative, from whom the Cooperative purchases power.

Kelly Tormey v. Michael Moore

Place of origin: Dade County

Tormey was sentenced to 20 years imprisonment for second-degree murder, armed robbery, and possession of contraband. This case involves her challenge to the way the Department of Correction has calculated her gain time.

Friday

Inquiry Concerning a Judge: Joseph P. Baker

Place of origin: Orange County

Judge Baker is charged with violations of judicial ethics, for which the state’s Judicial Qualifications Commission has recommended a written admonishment.

Peter Johnson v. Nationwide Mutual Ins. Co.

Place of origin: Pasco, Dade counties

These cases involve disputes under homeowner’s insurance policies. In both, the home owners contended that damage to their homes’ structures were caused by events covered by the policy, whereas the insurers said they were not. The issue in these cases is whether appraisers brought in to determine the amount of loss can consider whether the loss is covered by the policy, or whether causation must be determined later by a court.

Sears Authorized Termite & Pest Control, Inc.

v. Shelley J. Sullivan

Place of origin: Palm Beach County

Sullivan and Sears signed a pest control agreement in 1995 that included coverage for spiders. Later Sullivan was bitten by brown recluse spiders on her property and sued Sears as a result. The trial court ordered the parties into arbitration under a clause in the agreement, but the Fourth District Court reversed.

Alterra Health Care Corp. v. Estate of Frances Shelley

Place of origin: Leon County

Before her death, Shelley lived in a Tallahassee assisted-living facility operated by Alterra. In August 1999 she allegedly caught her leg in the footboard of her bed but was not found for another eight hours. Shelley’s estate later sued for negligence, wrongful death, and other claims. Her estate asked the judge to compel disclosure of information in personnel files of Alterra employees, but Alterra argued that these files contained information that in part were private under the Florida Constitution. The trial court ordered the documents disclosed, and on appeal the First District Court affirmed.

Monday

Advisory Opinion to the Attorney General: Right to Treatment & Rehabilitation for Nonviolent Drug Offenses

Place of origin: statewide impact

A citizen’s initiative to amend the state Constitution is being circulated that would give persons charged with certain drug-related offenses the right to treatment rather than prosecution. The case is before the Court to determine whether it contains only a single subject and has a fair ballot summary, as required by law.

Charles B. Higgins v. State Farm Fire & Casualty

Place of origin: Palm Beach County

Higgins was sued by Cheryl Ingalls as a result of injuries she allegedly sustained during an argument between Higgins and his wife Maureen. In the subsequent lawsuit Higgins’ insurer, State Farm, filed for a declaratory judgment on grounds that it was not obligated to cover his intentional wrongful acts. The trial court ordered a separate trial on State Farm’s obligations before the trial on Ingall’s lawsuit. Higgins and Ingalls contended this was improper, but on appeal the Fourth District agreed with the trial judge.

Charles W. Finney v. State of Florida

Place of origin: Hillsborough County

Finney was tried, convicted, and sentenced to death for the January 1991 murder of Sandra Sutherland. His sentence was affirmed on appeal. He now challenges its validity.

Ana Maria Cardona v. State of Florida

Place of origin: Dade County

Cardona was tried, convicted, and sentenced to death for the October 1990 murder of her 3-year-old son Lazaro Figueroa. Her sentence was affirmed on appeal. She now challenges its validity.

 

×

Special Offer: $5 for 2 Months!

Your free article limit has been reached this month.
Subscribe now for unlimited digital access to our award-winning business news.