County Criminal Court: APPELLATE PROCEDURE – Appealability/Improper Relief.

A pre-trial order denying the defendant’s motion in limine was not entitled to certiorari review because defendant failed to show an appeal following any adverse trial verdict would not provide adequate relief. Petition denied. Sarafian v. State, No. CRC 05-16 APANO, (Fla. 6th Cir.App.Ct. Jan 5, 2006).

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

BERC SARAFIAN

 

            Petitioner,

 

v.                                                                                                                                                                   Case No. CRC 05-16 APANO

 UCN522005AP000016XXXXCR

STATE OF FLORIDA

 

            Respondent.

_____________________________/

 

Opinion filed __________________.

 

Petition for Writ of Certiorari

seeking review of a decision

of the Pinellas County Court

Acting County Judge David Seth Walker

 

John Trevena, Esq.

Attorney for petitioner

 

Theodora Christopher, Esq.

Assistant State Attorney

 

ORDER AND OPINION

 

            THIS MATTER is before the Court on the petitioner, Berc Sarafian’s, Petition for Writ of Certiorari. After reviewing the briefs and record, this Court denies the Petition.

            The Petitioner is attempting to seek certiorari review of a non-final order which denied his motion in limine. “An interlocutory pretrial order in a criminal case excluding evidence is subject to certiorari review only when the order departs from the essential requirements of the law and plenary appeal cannot provide an adequate remedy.” State v. Veilleux, 859 So.2d 1224, 1227 (Fla. 4th DCA 2003). The petitioner has failed to demonstrate that a full appeal following a possible conviction would not be an adequate remedy. A writ of certiorari is reserved for situations where there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. State v. Pettis, 520 So.2d 250 (Fla. 1988). The petitioner has failed to meet his high burden in this case. Therefore, he is not entitled to certiorari relief.

            IT IS THEREFORE ORDERED that the Petition for Writ of Certiorari is denied.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of December, 2005.

 

 

                                                                        ___________________________

                                                                                    Nancy Moate Ley       

                                                                                    Circuit Judge

 

 

 

                                                                        ___________________________

                                                                                    R. Timothy Peters

                                                                                    Circuit Judge

 

 

 

                                                                        ___________________________

                                                                                    John A. Schaefer

                                                                                    Circuit Judge

 

 

cc:  John Trevena, Esq.

 

       State Attorney