Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rodriguez v. State

Florida Court of Appeals, Third District

February 7, 2018

Omar Rodriguez, Petitioner,
v.
The State of Florida, Respondent.

         Not final until disposition of timely filed motion for rehearing.

         A case of original Jurisdiction - Prohibition Lower Tribunal No. 15-12785

          Ross Amsel Raben Nascimento, PLLC, and Alan S. Ross; Gail S. Grossman, P.A., and Gail S. Grossman (Oxford), for petitioner.

          Pamela Jo Bondi, Attorney General, and Amit Agarwal (Tallahassee), Solicitor General, and Marlon J. Weiss, Assistant Attorney General, for respondent.

          Ricardo J. Bascuas, for Amicus Curiae University of Miami School of Law Federal Appellate Clinic.

          Cooper & Kirk, PLLC, and David H. Thompson, Davis Cooper and Haley N. Proctor (Washington, DC), for Amicus Curiae The NRA Freedom Action Foundation.

          Carlos J. Martinez, Public Defender, and Jeffrey Paul DeSousa and John Eddy Morrison, Assistant Public Defenders, for Amicus Curiae Florida Public Defender Association, Inc.

          Reed Smith LLP and Edward M. Mullins, Lisa M. Baird and Brandon White, for Amicus Curiae Brady Center to Prevent Gun Violence.

          Shutts & Bowen LLP and Jason Gonzalez (Tallahassee); Stephen P. Halbrook (Fairfax, VA), for Amicus Curiae Unified Sportsmen of Florida, Inc.

          Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., and Glenn Burhans, Jr., and Kelly A. O'Keefe (Tallahassee), for Amicus Curiae Law Center for the Prevention of Gun Violence.

          Before SALTER, FERNANDEZ and LUCK, JJ.

          SALTER, J.

         Omar Rodriguez seeks a writ of prohibition to prevent the trial court from proceeding with a "Stand Your Ground"[1] ("SYG") immunity hearing based on Rodriguez's argument that a trial court ruling has erroneously denied Rodriguez the benefit of the recent legislative amendment.[2] Because we conclude that the trial court has not acted or attempted to act outside its jurisdiction in issuing the challenged order and preparing to conduct the SYG immunity hearing, we dismiss Rodriguez's petition for lack of jurisdiction.

         Factual and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.