Legal Opinion

Finkelstein v. State

District Court of Appeal of Florida

Decided February 26, 2015No. 1D14-2107PublishedCited by 3 opinions

1Opinion of the CourtBilbrey, J.

Petitioner Keenan Finkelstein seeks a writ of prohibition to prevent the circuit court from exercising any further jurisdiction over the State’s prosecution of Petitioner for battery on a law enforcement officer with a deadly weapon. A petition for writ of prohibition is the proper method to challenge a trial court’s denial of a pre-trial motion to dismiss charges based on a claim of statutory immunity under section 776.032, Florida Statutes. Mederos v. State, 102 So.3d 7, 11 (Fla. 1st DCA 2012). Because the Petitioner is alleged to have used force against a law enforcement officer, the…

2Cases cited6 opinions

  1. Mederos v. StateDistrict Court of Appeal of Florida · 2012
  2. Darling v. StateDistrict Court of Appeal of Florida · 2012
  3. Hair v. StateDistrict Court of Appeal of Florida · 2009
  4. Clinton v. StateDistrict Court of Appeal of Florida · 1982
  5. Lynch v. UNEMPLOYMENT APPEALS COM'NDistrict Court of Appeal of Florida · 2008

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

3Cited by3 opinions

  1. Kelvin J. Mack v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. State of Florida v. Alejandro ArgerichDistrict Court of Appeal of Florida · 2025
  3. Storey Mountain, LLC A/A/O First Horizon Bank v. ASHCO, Inc., PI Proprietors, LLC, Lock W. Ireland, and Florida Bank of JacksonvilleDistrict Court of Appeal of Florida · 2025

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