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Legal Opinion

State v. Yaqubie

District Court of Appeal of Florida

Decided June 16, 2010No. 3D09-999, 3D09-2093PublishedCited by 14 opinions

1Opinion of the Court

WELLS, Judge.

Nadim Yaqubie seeks a writ of prohibition claiming immunity from prosecution under section 776.032 of the Florida Statutes (2008). The State of Florida seeks review of an order reducing the original second degree murder charge filed against Yaqubie to manslaughter. We grant the writ and remand for an evidentiary hearing to determine whether Yaqubie’s immunity claim is supported by the preponderance of the evidence. We also find that the second degree murder charge must be reinstated should the court below determine that Yaqubie is not immune from prosecution.

Undisputed Facts

The…

2Cases cited10 opinions

  1. Peterson v. StateDistrict Court of Appeal of Florida · 2008
  2. State v. OrtizDistrict Court of Appeal of Florida · 2000
  3. State v. RogersDistrict Court of Appeal of Florida · 1980
  4. Velasquez v. StateDistrict Court of Appeal of Florida · 2009
  5. State v. StewartDistrict Court of Appeal of Florida · 1981

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3Cited by14 opinions

  1. Jared Bretherick v. State of FloridaSupreme Court of Florida · 2015
  2. Darling v. StateDistrict Court of Appeal of Florida · 2012
  3. Pages v. Seliman-TapiaDistrict Court of Appeal of Florida · 2014
  4. Viera v. StateDistrict Court of Appeal of Florida · 2015
  5. State v. VinoDistrict Court of Appeal of Florida · 2012

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

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