State v. Simmons

On Hearing En Banc

SCHWARTZ, Chief Judge.

The state seeks common law certiorari review of an order which seems to require the infant victim in a sexual abuse prosecution to undergo a gynecological examination. We heard oral argument en banc because the issue involves a significant and controversial question in the administration of criminal justice. See State v. Smith, 260 So.2d 489 (Fla.1972); State v. Rhone, 566 So.2d 1367 (Fla. 4th 1990); State v. LeBlanc, 558 So.2d 507 (Fla. 3d DCA 1990); State v. Farr, 558 So.2d 437 (Fla. 4th DCA 1990); State v. Diamond, 553 So.2d 1185 (Fla. 1st DCA 1988);…