Govoni v. State’s Empirical Analysis
2009
Citation profile
4
cited by 4 later decisions
1
states following
July 2015
most recently cited
4 state decisions
Relationships
Relies on People v. Guenther · 758 So. 2d 110 - State v. Kalogeropolous · Peterson v. State · Velasquez v. State · Dennis v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A motion to dismiss under rule 3.190(c)(4) is not well-suited to resolve a claim of “true immunity” from prosecution. In most cases, where a prosecutor has elected to file charges, there will be a factual dispute about whether section 776.032 immunity applies. Rule 3.190(c)(4) is structured to avoid a judge’s resolution of factual disputes, leaving those matters to the finder of fact at a trial. A rule 3.190(c)(4) motion to dismiss is similar to a motion for summary judgment in a civil case, and as such “[b]oth should be granted sparingly.” State v. Bonebright, 742 So.2d 290, 291 (Fla. 1st DCA 1998); see State v. Kalogeropolous, 758 So.2d 110, 111 (Fla.2000). Yet, forcing disputed immunity claims to trial undercuts the concept of immunity adopted by the legislature. Rule 3.190 allows for contested hearings on motions to dismiss. The rule does not limit the grounds upon which a motion to dismiss may be filed.... The rule uses the terms “defenses” and “defense” broadly, so that it encompasses a claim to section 776.032 immunity. The four grounds specified in rule 3.190(c)(l)-(4) — that the defendant has been pardoned, previously been placed in jeopardy, previously been granted immunity, or that the undisputed facts do not establish a prima facie case of guilt — are not the exclusive grounds allowed under the rule. Rather, the rule states that those four grounds “may at any time [be] entertain[ed]” by the court. Rule 3.190(d) expressly contem plates hearings to resolve disputed ”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.