Legal Opinion · Dissent

R.J.L. v. State

Supreme Court of Florida

Decided November 18, 2004No. SC02-1493Published

1DissentAnstead, J.

I cannot join in the majority’s decision to recede from this Court’s precedent dating to the mid-nineteenth century as to the manifest effect of the granting of an executive pardon. Not only does the majority brush aside our unambiguous and clearly controlling precedent, it also strikes a blow to a fundamental principle of the separation of powers: that the executive alone possesses the power to pardon. Today, we have sharply curtailed that power by validating legislative limitations that clearly conflict with the fundamental principle that the executive alone possesses the power to pardon…

2Cases cited3 opinions

  1. Ex Parte GarlandSupreme Court of the United States · 1867
  2. In re the Executive Communication of the 23d of September, 1872Supreme Court of Florida · 1872
  3. Roberto v. StateDistrict Court of Appeal of Florida · 2003

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