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Each lawyer in this firm has more than 25 years experience practicing criminal defense in Gainesville, Florida and surrounding areas, including Alachua, Levy, Bradford, Union and Gilchrist Counties.

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Subscribe to this list via RSS Blog posts tagged in drug offenses

Federal Appellate Court Refuses To Find Florida’s Drug Statute Unconstitutional

On August 24, 2012, the United States Eleventh Circuit Court of Appeals reversed the Federal District Court that had found Florida’s drug statute unconstitutional in the case of Mackle Shelton vs State of Florida.   The Federal Circuit Court of Appeals did not actually decide the constitutional issue presented, finding instead that consideration of the defendant’s question of law was procedurally barred under the provisions of the Anti-terrorism and Effective Death Penalty Act (AEDPA) of 1996.  The lower court that was reversed had found that the Florida drug statute’s failure to require proof of knowing possession of contraband violated due process of law.

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In Sharply Worded Dissent, Florida Justice Perry Criticizes Majority Drug Law Ruling

In a sharply worded dissent in the case of State v. Luke Jarrod Adkins, Florida Supreme Court Justice James E.C. Perry criticizes the majority of the Court  and refers to their opinion as being built on a foundation of flawed “common sense” which shatters bedrock constitutional principles.

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Florida Supreme Court Upholds State Drug Laws

The Florida Supreme Court has ruled, in an opinion dated July 12, 2012, that Florida drug laws are constitutional, rejecting arguments that the drug statute’s failure to require proof of knowing possession violates due process of law.  In the case of State of Florida v Luke Jarrod Adkins, a five justice majority concluded that, “Given the broad authority of the legislative branch to define elements of crimes, the requirements of due process ordinarily do not preclude the creation of offenses which lack a guilty knowledge element.”

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