C. CHAVERS
v.
JOHN P. HARRELL, SHERIFF OF WASHINGTON COUNTY
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The Florida Supreme Court dismissed a habeas corpus petition, remanding the petitioner to custody. The court relied on prior decisions and allowed the petitioner to raise a defense regarding the unconstitutionality of the statute under which he was charged, if that statute's unconstitutionality had been previously declared and not yet reversed.
The petitioner is not entitled to release via habeas corpus at this time, but he may raise the defense that the statute under which he is charged was previously declared unconstitutional and that decision had not been reversed.
“This case is disposed of on the authority of the cases of State, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, and State, ex rel. Thomas B. Adams, v. Lee, Comptroller, this day decided.”
Establishes the basis for the court's decision, relying on precedent from other cases decided concurrently.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of habeas corpus, presumably to challenge his detention. The specific facts leading to his arrest or charge are not detai…
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This case is disposed of on the authority of the cases of State, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, and State, ex rel. Thomas B. Adams, v. Lee, Comptroller, this day decided. See 122 Fla. 639, 166 Sou. Rep. 249.
The petitioner is accordingly remanded to the custody of the respondent and the habeas' corpus proceedings dismissed, without prejudice to the right of the petitioner upon being arraigned, to invoke the principle that a statute that is declared unconstitutional by a competent court is without force until the decision of the lower court is reversed by a higher court so as to preclude infliction of punishment for criminal violations of it, or the exaction of civil penalties for its non-observance, during the time the judicial declaration of invalidity stood unreversed by the higher court. See 8 R. *670C. L. par. 10, page 60, and cases cited in support; State v. O’Neil, 33 L. R. A. (W. S.) 788 and note.
Petitioner remanded without prejudice to special defense that may be available to him.
Whitfield, C. J., and Terrell, Brown and Davis, J. J., and Frank A. Smith, Circuit Judge, concur.
Buford, J., dissents.
(dissenting). — In this case I think the petitioner should be discharged for the reasons stated in the opinion dissenting in part in the case of State of Florida, ex rel. Lane Drug Stores, Incorporated, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.
Buford, J.
(dissenting). — In this case I think the petitioner should be discharged for the reasons stated in the opinion dissenting in part in the case of State of Florida, ex rel. Lane Drug Stores, Incorporated, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Volusia Cnty. Kennel Club, Inc. v. Haggard, 73 So. 2d 884 (Fla. 1954)…plied the holdings of the United States Supreme Court in the Stewart and Valentine cases in the cases of State ex rel. Lane Drug Stores v. Simpson, 122 Fla. 582, 166 So. 227; State ex rel. Adams v. Lee, 122 Fla. 639, 166 So. 249; Chavers v. Harrell, 122 Fla. 669, 166 So. 261. In the case of State ex rel. Lane Drug Stores v. Simpson, supra, two taxes were sought to be imposed. The first was a graduated license tax based on the number of stores in the chain, and the second was based on gross receipts graduate…
Authorities Cited
- State v. Carswell, 122 Fla. 639 (Fla. 1935)