Legal Opinion · Dissent

Ippolito v. State

District Court of Appeal of Florida

Decided July 3, 1996No. 93-02722Published

1DissentFrank, Acting Chief Judge

I, too, concur in affirming the convictions and sentences imposed upon the appellants.

After thorough consideration of this matter and according warranted significance to the total setting culminating in Ms. Mokdad’s direct criminal contempt adjudication, I am persuaded that the majority reaches its conclusion upon two erroneous grounds — ipse dixit and a misapplication of Eaton v. City of Tulsa, 415 U.S. 697, 94 S.Ct. 1228, 39 L.Ed.2d 693 (1974). Thus, I find neither authority nor a meaningful premise for the conclusion that Ms. Mokdad’s “remark is not objectively sufficient to embarrass a…

2Cases cited10 opinions

  1. Craig v. HarneySupreme Court of the United States · 1947
  2. Eaton v. City of TulsaSupreme Court of the United States · 1974
  3. Ex parte EarmanSupreme Court of Florida · 1923
  4. Saunders v. StateDistrict Court of Appeal of Florida · 1975
  5. Ex Parte John D. CrewsSupreme Court of Florida · 1937

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