JOHN PALLAS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1995-05-04
No. 84006
GRIMES, C.J., and OVERTON, HARDING, WELLS and ANSTEAD, JJ., concur., KOGAN, J., concurs specially with an opinion.
654 So. 2d 127 Florida Supreme Court (1995) Positive Treatment
Cited by 14 cases

Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994), wherein the district court upheld the constitutionality of Florida’s anti-stalking statute, section 784.048, Florida Statutes (Supp.1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We have recently upheld the constitutionality of the anti-stalking statute. See Bouters v. State, No. 83,558, — So. 2d — [1995 WL 242403] (Fla. Apr. 27, 1995). Accordingly, we approve the decision in Pallas on this issue.

It is so ordered.

GRIMES, C.J., and OVERTON, HARDING, WELLS and ANSTEAD, JJ., concur. KOGAN, J., concurs specially with an opinion.

Dissent
KOGAN, Justice,

KOGAN, Justice,

specially concurring.

With the exception of the reservations that I stated in Bouters v. State, No. 83,558, — So. 2d — [1995 WL 242403] (Fla. Apr. 27, 1995), (Kogan, J., specially concurring), I concur with majority.


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Cited By

  • Shapiro v. State, 696 So. 2d 1321 (Fla. 4th DCA 1997)
    …overbreadth involved is not substantial when weighed against “legitimate state interests in maintaining comprehensive controls over harmful, constitutionally unprotected conduct.” Pallas v. State, 636 So. 2d 1358, 1363 (Fla. 3d DCA 1994), approved, 654 So. 2d 127 (Fla.1995). See Young v. American Mini Theatres, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976) (a statute’s deterrent effect on legitimate expression must be both real and substantial). We briefly address Appellant’s assertion that the de…
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  • State v. Jones, 678 So. 2d 1336 (Fla. 5th DCA 1996)
    …us and repeated acts of harassment which are directed at a specific person, which serve no legitimate purpose and which would cause substantial emotional distress in a reasonable person. Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994), approved, 654 So. 2d 127 (Fla.1995). The issue here concerns that aspect of double jeopardy dealing with whether a particular factual circumstance constitutes one or two or more separate and distinct factual events. See Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981).…
  • Seitz v. State, 867 So. 2d 421 (Fla. 3d DCA 2004)
    …Seitz’ first argument. As to Seitz’ second (constitutional) contentions, these have previously been rejected. See Bouters v. State, 659 So. 2d 235 (Fla.1995) and Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994), rev. granted & decision approved, 654 So. 2d 127 (Fla.1995). Further analysis would serve no purpose. Seitz bases his third argument (lack of jurisdiction) principally on State v. Hall, 641 So. 2d 403 (Fla.1994), wherein the supreme court was answering the certified question: “Whether the trial…

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