State v. Gutierrez

How courts have described this case

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

• concluding that a motion to dismiss an information \should have been summarily denied even in the absence of any response from the State\ because the defendant \failed to meet his initial burden of demonstrating the complete absence of any material facts\
• noting that any denial of the material facts by the State in a traverse must be made in good faith and not based on speculation, conjecture, presumption, or assumption
• where affidavits and depositions filed on motion to dismiss create material disputed facts court may not determine factual issues, or consider weight of evidence or witness credibility

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• State v. Ortiz
  District Court of Appeal of Florida· 2000-08-23· cited 35×
• Neal v. State
  District Court of Appeal of Florida· 1997-07-18· cited 19×
• State v. Arnal
  District Court of Appeal of Florida· 2006-11-15· cited 8×
• State v. Figuereo
  District Court of Appeal of Florida· 2000-07-19· cited 8×
• State v. Gay
  District Court of Appeal of Florida· 2007-07-13· cited 7×
• State v. Espinoza
  District Court of Appeal of Florida· 2019-01-30· cited 5×
• State v. Covington
  District Court of Appeal of Florida· 2007-10-17· cited 4×
• State v. Massey
  District Court of Appeal of Florida· 2004-05-14· cited 4×
• State v. E.A.
  District Court of Appeal of Florida· 1997-12-10
• State v. Bush
  District Court of Appeal of Florida· 1998-06-17

Cites

6 cases in this archive are cited by this case.

• Ellis v. State
  District Court of Appeal of Florida· 1977-05-27· cited 71×
• State v. Fort
  District Court of Appeal of Florida· 1980-02-27· cited 22×
• State v. Fetherolf
  District Court of Appeal of Florida· 1980-09-17· cited 21×
• State v. Zipfel
  District Court of Appeal of Florida· 1989-01-31· cited 4×
• State v. Armstrong
  District Court of Appeal of Florida· 1993-03-17· cited 2×
• Burns v. State
  District Court of Appeal of Florida· 1989-07-25· cited 2×