Legal Opinion

Perry v. State

District Court of Appeal of Florida

Decided November 14, 1985No. 85-371PublishedCited by 6 opinions

1Opinion of the Court

ORFINGER, Judge.

The defendant below appeals from an order of the County Court of Orange County holding that the question of the legality of defendant’s arrest is a question of law for the court and not an issue to be submitted to the jury, despite the factual conflict surrounding the arrest. The county court certified the issue to this court as one of great public importance under Florida Rule of Appellate Procedure 9.160 (1985), and we accepted jurisdiction.

Defendant was charged with driving under the influence of alcohol to the extent that his normal faculties were impaired, in violation of…

2Cases cited9 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. United States v. CrewsSupreme Court of the United States · 1980
  3. Frisbie v. CollinsSupreme Court of the United States · 1952
  4. Ker v. IllinoisSupreme Court of the United States · 1886
  5. Dixon v. StateSupreme Court of Florida · 1931

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3Cited by6 opinions

  1. State v. BowmanIdaho Court of Appeals · 1993
  2. Darby v. StateDistrict Court of Appeal of Florida · 1987
  3. State v. OstrowDistrict Court of Appeal of Florida · 1991
  4. Dick v. StateCircuit Court for the Judicial Circuits of Florida · 1989
  5. State v. WechslerCircuit Court for the Judicial Circuits of Florida · 1987

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

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