Legal Opinion

State v. Gonsalves

District Court of Appeal of Florida

Decided November 1, 1995No. 95-0741PublishedCited by 5 opinions

1Opinion of the Court

KLEIN, Judge.

The state seeks, by petition for writ of certiorari, to quash an order of the trial court granting defendant’s motion to photograph a portion of the inside of the home of the victim of a crime. We conclude that the ruling was not a departure from the essential requirements of law.

Defendant is charged with attempted burglary of a dwelling with intent to commit theft. The victim identified the defendant as the person she observed outside her kitchen window while she was in her kitchen. Although the victim allowed the police to photograph her house, both inside and out, she objected…

2Cases cited8 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. State v. BrownSupreme Court of North Carolina · 1982
  3. State v. SmithSupreme Court of Florida · 1972
  4. Henshaw v. CommonwealthCourt of Appeals of Virginia · 1994
  5. State v. DrabDistrict Court of Appeal of Florida · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State of New Jersey in the Interest of A.B.Supreme Court of New Jersey · 2014
  2. State ex rel. Thomas v. McGinty (Slip Opinion)Ohio Supreme Court · 2020
  3. Siegel v. StateDistrict Court of Appeal of Florida · 2011
  4. State v. Tetu.Hawaii Supreme Court · 2016
  5. Stokes v. 835 N. Washington Street, LLCCourt of Special Appeals of Maryland · 2001

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