Legal Opinion
Blore v. Fierro
District Court of Appeal of Florida
Decided May 11, 1993No. 93-660PublishedCited by 2 opinions
1Per curiam
Petitioner, James Blore, seeks a writ of prohibition restraining the Appellate Division of the Circuit Court from exercising jurisdiction over this appeal. We deny the writ of prohibition.
The underlying issue is whether the State has the right to appeal an order suppressing breath test results under Rule 9.140(c)(1)(B), of the Florida Rules of Appellate Procedure. Because this issue frequently arises in driving under the influence cases, it is necessary to explain our reasons for denying the writ.
Petitioner contends that the State’s appeal of an order suppressing breath test results, because…
2Cases cited5 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- California v. TrombettaSupreme Court of the United States · 1984
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- State v. TownsendDistrict Court of Appeal of Florida · 1985
- State v. GemignaniDistrict Court of Appeal of Florida · 1989
3Cited by2 opinions
- Blore v. FierroSupreme Court of Florida · 1994
- State v. FryDistrict Court of Appeal of Florida · 1993