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4TH DCA BACKS LEBOW

By JAABLOG

State v. Martinez "Even if we were to conclude that Weir and Gaines are not controlling and that extraordinary writ jurisdiction may be invoked to review an order entered after a criminal trial commences, we would deny the petition in this case because the trial court did not depart from the essential requirements of law. See Pettis, 520 So. 2d 250; see also State v. Smith, 951 So. 2d 954, 958 (Fla. 1st DCA 2007) (recognizing that the standard for certiorari review ?pertains to the seriousness of the error, not the impact of the ruling?). The trial court entered a thoughtful order after a n extensive evidentiary hearing. Th e State has provided the transcripts of the hearing, which we have reviewed. The record supports the trial court?s findings that the case law cited is distinguishable and that there was no waiver of the attorney-client privilege based on the circumstances in this case...continue to full post

Full post as published by JAABlog on February 24, 2009 (boomark / email).