Legal Opinion

State v. Foley

District Court of Appeal of Florida

Decided March 30, 2016No. 16-0402PublishedCited by 2 opinions

1Opinion of the CourtSuarez, C.J.

The State of Florida petitions for a Writ of Certiorari and seeks to partially quash the trial court’s Order on State’s Motion to Compel Production of Evidence. We dismiss the State’s Petition as the State has failed to demonstrate irreparable harm as a result of the trial court’s order.

The respondent, Wesley Foley, is currently on trial for burglary with assault or battery, attempted second degree murder, and kidnapping in case no. F15-6233, pending below. During May and June, 2015, the respondent’s former defense attorney issued subpoenas duces tecum to various third parties without…

2Cases cited4 opinions

  1. Damsky & Damsky v. University of Miami and Livingstone, M.D.District Court of Appeal of Florida · 2014
  2. Esman v. BOARD OF REGENTS OF STATE OF FLORIDADistrict Court of Appeal of Florida · 1983
  3. Neeley v. CW Roberts Contracting, Inc.District Court of Appeal of Florida · 2007
  4. Sucart v. Office of the CommissionerDistrict Court of Appeal of Florida · 2013

3Cited by2 opinions

  1. State v. StahlDistrict Court of Appeal of Florida · 2016
  2. State v. Oscar E. Milbry, IIIDistrict Court of Appeal of Florida · 2017

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