Legal Opinion
State v. Stone
District Court of Appeal of Florida
Decided July 28, 2010No. 4D10-795PublishedCited by 5 opinions
1Opinion of the Court
ON MOTION TO DISMISS
GROSS, C.J.
The state appeals an order granting Jason Stone’s motion for judgment of acquittal. Stone moves to dismiss the appeal, arguing that the state has no right to appeal a ruling granting a motion for judgment of acquittal after the jury has been sworn, but before a verdict is rendered. We agree with Stone and dismiss the appeal.
Stone was indicted in 2007 for first-degree murder and attempted first-degree murder. At the time he was alleged to have committed these crimes, Stone was on probation, so he was also charged with a probation violation. Stone’s trial on the…
2Cases cited19 opinions
- United States v. ScottSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Crist v. BretzSupreme Court of the United States · 1978
- Downum v. United StatesSupreme Court of the United States · 1963
- Arizona v. RumseySupreme Court of the United States · 1984
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3Cited by5 opinions
- STATE OF FLORIDA v. JAMAAL PICKERSGILLDistrict Court of Appeal of Florida · 2019
- STATE OF FLORIDA v. MITCHELL REDDINDistrict Court of Appeal of Florida · 2023
- State v. EFREN YERODistrict Court of Appeal of Florida · 2021
- State v. LundyDistrict Court of Appeal of Florida · 2017
- State v. McMahonSupreme Court of Florida · 2012