Tuesday, December 13, 2011

ARE FLORIDA DRUG LAWS UNCONSTITUTIONAL? HEAR THE ACTUAL ARGUMENTS MADE BEFORE THE FLORIDA SUPREME COURT

So far not one of the Judges in Florida's 6th Circuit (encompassing Hillsborough, Pinellas, Pasco Counties as well as Tampa, Clearwater & St. Petersburg) has thrown out any drug cases based on Federal District Judge Scriven's recent well reasoned Federal decision in the Shelton case which declared Florida's Drug Laws unconstitutional.

However, Circuit Courts in Miami have dismissed some cases and not others. More recently the Circuit Court for the Twelfth Judicial Circuit in Manatee County dismissed 46 cases based on Scriven's decision that Fla. Stat. section 893.13 was unconstitutional. The State of course immediately appealed. On September 28th, the Second District Court of Appeal entered an order certifying that the issue requires immediate resolution by the Florida Supreme Court. 
On October 12th, the Florida Supreme Court accepted jurisdiction in the case in State v. Adkins, No. SC11-1878. The Florida Supreme Court ordered the parties to file their initial briefs and answer briefs quickly with oral argument was held at the Florida Supreme Court on the sixth of December. 
Clearly, the Florida Supreme Court expects to resolve the split within the Florida Districts quickly, but will it be fast enough to help your favorite Crime Attorney's clients. See Case Briefs for the Florida Supreme Court.
Listen to the actual oral arguments made to the Supreme Court of Florida and decide for yourself what the Court should do...
Don Quixote & the Dead Mule