Legal Opinion
McGee v. Martinez
District Court of Appeal of Florida
Decided January 12, 1990No. 88-2136PublishedCited by 1 opinion
1Opinion of the Court
ERVIN, Judge.
McGee appeals the trial court’s order dismissing his complaint for a declaration adjudicating Section 856.04, Florida Statutes (1987),1 unconstitutional on the ground that *915the statute violates his constitutional right to equal protection under the law. The lower court ruled that no justiciable controversy existed to permit determination of the constitutionality of the statute, because McGee had a petition for habeas corpus pending in North Carolina, challenging his extradition and return to Florida. Subsequent to the entry of the order of dismissal and during the pendency of this…
2Cases cited11 opinions
- Doe v. BoltonSupreme Court of the United States · 1973
- Epperson v. ArkansasSupreme Court of the United States · 1968
- Diamond v. CharlesSupreme Court of the United States · 1986
- Nuclear Engineering Company v. William J. Scott, Illinois Ex Rel. William J. Scott v. Nuclear Engineering CompanyCourt of Appeals for the Seventh Circuit · 1981
- State v. BenitezSupreme Court of Florida · 1981
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3Cited by1 opinion
- State v. ThurstonDistrict Court of Appeal of Florida · 1991