State v. Katiba

ON PETITION FOR WRIT OF CERTIORARI

COBB, Judge.

This is before us on a petition by the state for writ of certiorari seeking to quash an order granting a motion in limine. It is clear from McIntosh v. State, 496 So.2d 120 (Fla.1986), and Jones v. State, 477 So.2d 566 (Fla.1985), that the Florida Supreme Court has abolished certiorari as a remedy available to the state in regard to pretrial orders in criminal cases. These cases overturned many decades of well-established common law doctrine.1 See Jones, supra, Boyd, C.J., concurring. See also State v. Smith, 260 So.2d 489 (Fla. 1972).

Nevertheless,…