Washington v. Burk

I disagree that this court should recede from Mauney v. State, 507 So.2d 746 (Fla. 5th DCA 1987). The majority writes that the state has not afforded any substantive reason to adhere to Mamey. This misstates the burden for overturning precedent. The rule of stare decisis requires adherence to established precedent unless the party seeking to overturn it (i.e., here the defendant below, Washington) presents an argument for change that is overwhelming, not just persuasive. Old Plantation Corp. v. Maule Industries, Inc., 68 So.2d 180 (Fla.1953). See also Perez v. State, 620 So.2d 1256, 1258…