Legal Opinion

State v. Naumowicz

District Court of Appeal of Florida

Decided December 29, 1988No. 88-2043PublishedCited by 2 opinions

1Opinion of the Court

WENTWORTH, Judge.

Petitioner seeks a writ of certiorari for review of a nonfinal pretrial order denying the state’s motion in limine to exclude evidence or argument regarding a decedent victim’s blood alcohol level in respondent’s trial on DUI manslaughter charges. The state contends that the trial court erred in denying the motion in that the Florida Supreme Court has not expressly receded from its ruling in Armenia v. State, 497 So.2d 638 (Fla.1986) that DUI manslaughter is a strict liability offense for which proof of a causal relationship between the manner of operation of the defendant’s…

2Cases cited4 opinions

  1. Baker v. StateSupreme Court of Florida · 1979
  2. Armenia v. StateSupreme Court of Florida · 1986
  3. Regan v. ITT Indus. Credit Co.District Court of Appeal of Florida · 1984
  4. Magaw v. StateDistrict Court of Appeal of Florida · 1988

3Cited by2 opinions

  1. Bautista v. StateSupreme Court of Florida · 2003
  2. State v. WrightDistrict Court of Appeal of Florida · 1989

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