KEITH D. ADAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
KEITH D. ADAMS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
76 So. 3d 367
Florida District Court of Appeal, Third District (2011)
Negative Treatment
Cited by 44 cases
Opinion of the Court
As held by four unanimous district courts of appeal, including this one, we again reject Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) and hold that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional. Accord Maestas v. State, 76 So.3d 991, *3682011 WL 5964337 (Fla. 4th DCA 2011); Little v. State, 77 So.3d 722, 2011 WL 5554812 (Fla. 3d DCA 2011); Holcy v. State, — So.3d -, 2011 WL 5299328 (Fla. 5th DCA 2011); Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011).1 Accordingly, the order below denying postconviction relief is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Smith v. State, 79 So. 3d 127 (Fla. 3d DCA 2012)…PER CURIAM. Affirmed. See Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011) (same).…
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Delancy v. Tucker, 88 So. 3d 1036 (Fla. 1st DCA 2012)…onviction relief). Florida courts have rejected constitutional challenges to the statutory scheme at issue in Shelton. See, e.g., Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011); Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011); Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011); Flagg v. State, 74 So. 3d 138, 140 (Fla. 1st DCA 2011). Shelton is not binding on State of Florida courts and thus does not afford Appellant a legal basis for relief. See, e.g., Flagg, 74 So. 3d at 140. Accordingly, we affirm th…
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Mack v. State, 91 So. 3d 868 (Fla. 2d DCA 2012)…stitutionality of the statute to the Florida Supreme Court. State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA 2011), jurisdiction accepted, 71 So. 3d 117 (Fla.2011). However, all of our sister courts have rejected the Shelton decision. See Adams v. State, 76 So. 3d 367, 368 (Fla. 3d DCA 2011), and cases cited therein.…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)
- Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
- Holmes v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
- Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)
- State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA 2011)