Peterson v. State

How courts have described this case

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

• holding that the trial court may not deny a pretrial motion for immunity simply because factual disputes exist
• noting that petitioner could still raise immunity issue as affirmative defense at trial
• trial court must weigh the factual disputes and may not deny a motion simply because those disputes exist
• “[W]hen immunity under this law is properly raised by a defendant, the trial court must decide the matter by confronting and weighing only factual disputes.”
• “[T]he trial court must determine whether the defendant has shown by a preponderance of the evidence that the immunity attaches.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Dennis v. State
  Supreme Court of Florida· 2010-12-16· cited 91×
• State v. Ultreras
  Supreme Court of Kansas· 2013-03-01· cited 70×
• State v. Duncan
  Supreme Court of South Carolina· 2011-05-09· cited 43×
• Jared Bretherick v. State of Florida
  Supreme Court of Florida· 2015-07-09· cited 42×
• Mederos v. State
  District Court of Appeal of Florida· 2012-08-10· cited 33×
• Commonwealth v. Farmer
  Kentucky Supreme Court· 2014-02-20· cited 19×
• Joseph v. State
  District Court of Appeal of Florida· 2012-12-12· cited 18×
• Velasquez v. State
  District Court of Appeal of Florida· 2009-02-02· cited 16×
• Darling v. State
  District Court of Appeal of Florida· 2012-02-29· cited 16×
• State v. Yaqubie
  District Court of Appeal of Florida· 2010-06-16· cited 14×
• McDaniel v. State
  District Court of Appeal of Florida· 2009-12-11· cited 12×
• Montanez v. State
  District Court of Appeal of Florida· 2010-01-06· cited 11×
• Viera v. State
  District Court of Appeal of Florida· 2015-04-08· cited 11×
• State v. Vino
  District Court of Appeal of Florida· 2012-09-27· cited 11×
• Oken v. Williams
  District Court of Appeal of Florida· 2009-09-30· cited 9×
• Alexander v. State
  District Court of Appeal of Florida· 2013-09-26· cited 9×
• Bretherick v. State
  District Court of Appeal of Florida· 2013-11-01· cited 9×
• Gray v. State
  District Court of Appeal of Florida· 2009-05-29· cited 8×
• Roofing v. Flemmings
  District Court of Appeal of Florida· 2014-04-30· cited 7×
• Govoni v. State
  District Court of Appeal of Florida· 2009-10-07· cited 6×

Cites

2 cases in this archive are cited by this case.

• People v. Guenther
  Supreme Court of Colorado· 1987-07-13· cited 185×
• McDole v. State
  Supreme Court of Florida· 1973-05-16· cited 82×