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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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.”