Legal Opinion

Dippolito v. State

District Court of Appeal of Florida

Decided May 26, 2017No. 4D17-1145Published

1Opinion of the CourtGerber, J.

The defendant in a criminal case seeks certiorari review of the trial court’s order prohibiting all attorneys in the case from making extrajudicial statements until the jury is sworn for the defendant’s third trial. The defendant argues the court’s order departs from the essential requirements of law in three respects: (1) the State made no evidentiary showing that any threat to a fair trial was imminent and substantial; (2) the order is an overbroad prohibition of political speech and the court failed to consider less restrictive alternatives like individual voir dire and striking of tainted…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Gentile v. State Bar of Nev.Supreme Court of the United States · 1991
  2. State Ex Rel. Miami Herald Pub. v. McIntoshSupreme Court of Florida · 1977
  3. Florida Freedom Newspapers v. McCrarySupreme Court of Florida · 1988
  4. RJ REYNOLDS TOBACCO COMPANY v. EngleDistrict Court of Appeal of Florida · 2000
  5. Florida Bar re Amendments to Rules Regulating the Florida BarSupreme Court of Florida · 1994

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