Intoxilyzer Source Code Pleadings and Orders
1st Round of Sarasota Intoxilyzer 5000 Source Code Proceedings (State v. Bjorkland)
- Motion for Supplemental Discovery (Blank Form)
- Expert Witness List
- State's Motion to Strike
- Order Denying Motion to Strike
- States Notice of Supplemental Authority
- Defendants' Response to State's Supplemental Authority
- State's Second Notice of Supplemental Authority
- Order Compelling Production of Source Code
- State's Request for Response Hearing
- Order on State's Request
- State's Notice of Inability to Comply with Order (Letter from CMI stating they will not produce source code is attached)
- Motion for Sanctions
- State's Petition for Writ of Certiorari (12-02-05)
- Motion to Dismiss Petition for Writ of Certiorari (12-06-05)
- Order Granting Motion to Dismiss and Order Dismissing Petition for Writ of Certiorari (12-08-05)
- Order on Motion for Sanctions
- Petition for Writ of Certiorari to 2nd DCA(This is for review of the Dismissal of the Circuit Court Petition for Certiorari, not of the Order for Sanctions)
- Notice of Appeal(This is for review of the Order for Sanctions; the State voluntarily dismissed this appeal)
- Order from the 2nd DCA
- Final Decision from the 2nd DCA (Affirming the Dismissal of the Petition for Writ of Certiorari)
2nd Round of Sarasota County Intoxilyzer 5000 Source Code Proceedings (State v. Irish)
The presentation for the Sarasota County Case of State v. Irish was made jointly with the Manatee County Case of State v. Almaraz. The Honorable David Denkin presided over the Irish cases and the Honorable Douglas Henderson presided over the Almaraz cases. The two judges consulted each other prior to ruling, but for jurisdictional reasons, each judge had to issue a separate order for their respective jurisdictions. The rulings in both cases were identical and were consolidated at the District Court of Appeal.
State v. Irish
- Order Compelling Production of the Source Code
- Kentucky Order Quashing Florida Subpoena
- Relinquishment of Jurisdiction by District Court of Appeal
- State's Motion to Reconsider Prior Ruling
- Defendant's Motion for Reconsideration
- Order on State's and Defendant's Motion for Rehearing
- District Court of Appeal Dismissal of Irish / Almaraz Appeals
- Order to Show Cause to hold CMI in Contempt
State v. Almaraz
- Order Compelling Production of the Source Code
- State's Motion to Reconsider Prior Ruling
- Relinquishment of Jurisdiction by District Court of Appeal
- Defendant's Motion for Reconsideration
- Order on State's and Defendant's Motion for Rehearing
- District Court of Appeal Dismissal of Irish / Almaraz Appeals
- Order to Show Cause to hold CMI in Contempt
- Order denying finding of Contempt
- Order Authorizing subpoena for the Source Code
- Subpoena for Intoxilyzer Source Code
- Protective Order for Disclosure of Source Code
- CMI's Petition for Writ of Certiorari
- Order Denying CMI's Petition for Certiorari
Intoxilyzer 8000 Source Code Proceedings - Judge Kimberly Bonner
- Motion in Limine
- Order allowing subpoena for Source Code
- Order Approving Subpoena
- Motion for Order to Show Cause
- Order to Show Cause
- Order of Civil Contempt
- Corrected Order of Contempt
Appeal to the Circuit Court
- CMI's Notice of Appeal
- Order Staying Fine if CMI posts Bond
- Appellate Order Eliminating the Posting of a Bond
- CMI's Initial Brief
- Answer Brief
- CMI Reply Brief
- Notice of Supplemental Authority (Allstate Proceedings)
- Motion to Strike
- Notice of Supplemental Authority (House v. Kentucky)
- Appellate Decision Affirming Contempt against CMI
Appeal to the District Court Appeal
- CMI Petition for Writ of Certiorari to 2nd DCA (to review decision affirming Contempt against CMI)
- DCA Order requiring response to CMI Petition
- Response
- CMI's Reply Brief
Intoxilyzer 8000 Source Code Proceedings - Judge David Denkin
- Motion for Issuance of Subpoena
- Order Granting Subpoena for Source Code
- CMI's Motion for Protective Order
- Protective Order for Disclosure of Source Code
- CMI Affidavit
- Amended Protective Order
CMI's Appeal to the Circuit Court
- CMI's Petition for Writ of Certiorari
- CMI's Amended Petition for Writ of Certiorari
- Order Denying Petition for Certiorari
Intoxilyzer 8000 Source Code Proceedings - Judge Phyllis Galen
- Motion for Issuance of Subpoena
- Order Allowing Subpoena for Source code
- Order to Show Cause against CMI for not producing source code
- Order of Civil Contempt
- Order Denying Stay of Fine
- Appellate Order Denying Motion for Review of Motion for Stay of Fine
Forfa v. State - proceedings to obtain a Writ of Mandamus to require the issuance of a subpoena duces tecum for the Intoxilyzer Source Code in Charlotte County, Florida
- Petition for Writ to the Second District Court of Appeal
- Appendix A to Petition
- Appendix B to Petition
- District Court Order Requiring Response to Petition
- State's Response to Petition
- Denial of Petition