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Dennis v. State

Citations

  • 51 So. 3d 456
  • 35 Fla. L. Weekly Supp. 731
  • 2010 Fla. LEXIS 2115
  • 2010 WL 5110231

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where a criminal defendant files a motion to dismiss pursuant to section 776.032, the trial court should conduct a pretrial evidentiary hearing and decide the factual question of the applicability of statutory immunity
  • holding it is proper to deny a motion to dismiss based on statutory immunity when there are disputed issues of material fact
  • “Section 776.032(1) expressly grants defendants a substantive right to not be arrested, detained, charged, or prosecuted as a result of the use of legally justified force.”
  • “In summary, we conclude that the procedure set out by the First District in Peterson best effectuates the intent of the Legislature .... ”
  • “The trial court recognized that no procedure had yet been enacted for deciding claims of immunity under section 776.032(1).”
  • “The trial court recognized that no procedure had yet been enacted for deciding claims of immunity under section 776.032(1).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Canady, Pariente, Lewis, Quince, Polston, Labarga, Perry

Read full opinion on CourtListener

Cited by

69 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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