State v. Adkins
71 So. 3d 184
Fla. Dist. Ct. App.2011Background
- The State appeals an order dismissing motions by 42 defendants in 46 criminal proceedings in Manatee County.
- The circuit court held Florida Statute 898.13 unconstitutional as applied.
- Circuit court relied primarily on Shelton v. Secretary, Department of Corrections (M.D. Fla. 2011) and related Florida decisions (Washington, Anderson, Barnett).
- The order at issue was certified by the district court under Florida Rule of Appellate Procedure 9.125 for immediate Supreme Court review due to public importance.
- The decision could affect numerous drug prosecutions statewide and potentially inmate releases if the ruling is upheld.
- The court noted potential interdistrict conflicts and urged uniform statewide resolution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of 898.13 | State contends 898.13 is unconstitutional as applied. | Circuit court aligned with Shelton/Washington and others opposing 898.13. | Certification granted; constitutionality not resolved here. |
| Need for immediate resolution | State argues immediate resolution is warranted due to public importance. | Delay would hinder administration of justice; expedited review appropriate. | Order certified for immediate Supreme Court review. |
| statewide impact and uniformity | Resolution will affect prosecutions across Florida and ensure uniform interpretation. | Current circuit-level split risks conflicting applications nationwide until resolved. | Court certifies due to great public importance and statewide impact. |
Key Cases Cited
- Pardo v. State, 596 So.2d 665 (Fla.1992) (interdistrict decisions bind trial courts when no interdistrict conflict)
- Chapman v. Pinellas Cnty., 423 So.2d 578 (Fla.2d DCA 1982) (same-binding effect for district court decisions absent interdistrict conflict)
- Heggs v. State, 718 So.2d 263 (Fla.2d DCA 1998) (illustrates exceptional appeals and rule 9.125 usage)
- Morel, In re Commitment of, 67 So.3d 1062 (Fla.2d DCA 2010) (illustrative of exceptional appeals under rule 9.125)
