Knipp v. State; Kiser v. State

Jason B Blank

Case Conclusion Date:August 3, 2011

Practice Area:Criminal Defense

Outcome:Case dismissed; Affirmed by 4th DCA

Description:Handling this case all the way from the trial level through the Appellate Court, These cases made new law in the State of Florida. At a time where "pill mills" were becoming rampant in South Florida, this case attacked a theory of prosecution where the State Attorneys were prosecuting addicts who had received valid prescriptions from the doctors at these pain clinics. After having my clients drug trafficking charges dismissed at the trial level, the State appealed to the 4th District Court of Appeal. I successfully argued before the court that the prescriptions that my clients had were valid and that it is an absolute defense to the charge of drug trafficking. The Court agreed and affirmed the trial court's decision to dismiss the cases. This opinion has become the basis for what is now a Standard Criminal Jury Instruction in the State of Florida.