Legal Opinion

M.M. v. State

District Court of Appeal of Florida

Decided January 13, 2011No. 1D10-2490PublishedCited by 4 opinions

1Opinion of the CourtMarstiller, J.

At issue in this Anders1 appeal is whether M.M. was correctly adjudicated delinquent for resisting an officer without violence where the evidence shows he was neither under arrest nor being detained when he refused to give his name or identification to the requesting officer. We reverse the adjudication because M.M.’s refusal to identify himself did not constitute obstruction or resistance.

On the evening of December 9, 2009, M.M. and a group of youngsters visited a Jacksonville-area Starbucks which is located in a shopping center anchored by a Publix supermarket. While there, the group got…

2Cases cited7 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. S.G.K. v. StateDistrict Court of Appeal of Florida · 1995
  4. D.G. v. StateDistrict Court of Appeal of Florida · 1995
  5. In the Interest of R.S. v. StateDistrict Court of Appeal of Florida · 1988

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

3Cited by4 opinions

  1. Elvan Moore v. Kevin PedersonCourt of Appeals for the Eleventh Circuit · 2015
  2. Devin Lee Bass v. State of FloridaDistrict Court of Appeal of Florida · 2019
  3. Devin Lee Bass v. State of FloridaDistrict Court of Appeal of Florida · 2018
  4. Elvan Moore v. Kevin PedersonCourt of Appeals for the Eleventh Circuit · 2015

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