State v. Domenech

District Court of Appeal of Florida

State v. Domenech

533 So. 2d 896, 13 Fla. L. Weekly 2470, 1988 Fla. App. LEXIS 4892, 1988 WL 117617

CourtDistrict Court of Appeal of Florida

DecidedNovember 8, 1988

DocketNo. 88-1466

StatusPublished

Cited by1 cases

This text of 533 So. 2d 896 (State v. Domenech) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Domenech, 533 So. 2d 896, 13 Fla. L. Weekly 2470, 1988 Fla. App. LEXIS 4892, 1988 WL 117617 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The subpoenas issued below at the behest of the defendants were directed to witnesses whose supposed testimony was affirmatively shown to bear no legal pertinence whatever to the issues in the case and thus could not be of any potential assistance in the legitimate defense of the pending charges. See Mazepa v. State, 439 So.2d 1029 (Fla. 3d DCA 1983); State v. Mesa, 395 So.2d 242 (Fla. 3d DCA 1981); Doe v. State, 262 So.2d 11 (Fla. 3d DCA 1972). The trial judge therefore erroneously refused to quash the subpoenas, see Kudos v. Vinskus, 483 So.2d 727, 731 (Fla. 4th DCA 1985), and the order to that effect is for that reason itself quashed.

CERTIORARI GRANTED.

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PER CURIAM.

The subpoenas issued below at the behest of the defendants were directed to witnesses whose supposed testimony was affirmatively shown to bear no legal pertinence whatever to the issues in the case and thus could not be of any potential assistance in the legitimate defense of the pending charges. See Mazepa v. State, 439 So.2d 1029 (Fla. 3d DCA 1983); State v. Mesa, 395 So.2d 242 (Fla. 3d DCA 1981); Doe v. State, 262 So.2d 11 (Fla. 3d DCA 1972). The trial judge therefore erroneously refused to quash the subpoenas, see Kudos v. Vinskus, 483 So.2d 727, 731 (Fla. 4th DCA 1985), and the order to that effect is for that reason itself quashed.

CERTIORARI GRANTED.

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533 So. 2d 896, 13 Fla. L. Weekly 2470, 1988 Fla. App. LEXIS 4892, 1988 WL 117617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-domenech-fladistctapp-1988.

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