Legal Opinion

State v. Adkins

Supreme Court of Florida

Decided July 12, 2012No. SC11-1878PublishedCited by 540 opinions

1Opinion of the CourtCanady, J.

In this case we consider the constitutionality of the provisions of chapter 893, Florida Statutes (2011), the Florida Comprehensive Drug Abuse Prevention and Control Act, that provide that knowledge of the illicit nature of a controlled substance is not an element of any offenses under the chapter but that the lack of such knowledge is an affirmative defense.

Based on its conclusion that section 893.13, Florida Statutes (2011) — which creates offenses related to the sale, manufacture, delivery, and possession of controlled substances — is facially unconstitutional under the Due Process Clauses…

2Cases cited41 opinions

  1. United States v. JacobsenSupreme Court of the United States · 1984
  2. Patterson v. New YorkSupreme Court of the United States · 1977
  3. Illinois v. CaballesSupreme Court of the United States · 2005
  4. Staples v. United StatesSupreme Court of the United States · 1994
  5. Smith v. CaliforniaSupreme Court of the United States · 1960

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3Cited by540 opinions

  1. Dwight Dion Donawa v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2013
  2. Kelvin Leon Jones v. Governor of FloridaCourt of Appeals for the Eleventh Circuit · 2020
  3. State v. BlakeWashington Supreme Court · 2021
  4. State v. A.M.Washington Supreme Court · 2019
  5. Andres Paez Sarmientos v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2014

535 more not listed; retrieve them via the Exa API.

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