TESTA

v.

UNITED STATES

Citator

Cited By (58 total)

• Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)
  …s that a state statute violates the U.S. Constitution, are not binding on state courts; rather, they are persuasive, if well reasoned. State v. Dwyer, 382 So. 2d 333, 334-35 (Fla.1976); Bradshaw v. State, 286 So. 2d 4, 6-7 (Fla. 1973), cert. denied, 417 U.S. 919, 94 S.Ct. 2626, 41 L.Ed.2d 225 (1974). We find Shelton unpersuasive, as the decision is based on the faulty premise that section 893.101 removed all mens rea from section 893.13 offenses, such that a defendant is strictly liable for any unknowing p…
• Roche v. State, 462 So. 2d 1096 (Fla. 1985)
  …cific neutral criteria in the search in question. . Of course, the decision in Lake Butler Apparel Co., is not binding on the courts of this state. State v. Dwyer, 332 So. 2d 333 (Fla.1976); Bradshaw v. State, 286 So. 2d 4 (Fla.1973), cert. denied, 417 U.S. 919, 94 S.Ct. 2626, 41 L.Ed.2d 225 (1974). . See e.g., Florida Statutes § 573.25 (celery, sweet corn); § 573.74 (foliage plants); § 573.-825 (watermelons); § 573.854 (soybeans); § 573.880 (tobacco); § 573.906 (peanuts); [*1101] § 576.051 (agricultural…
• United States v. Haldeman, 559 F.2d 31 (D.C. Cir. 1976)
  …squalification under the remaining portion of old § 455 was a matter involving a substantial element of judicial discretion. See cases cited supra note 288. . E. G., In re Grand Jury Investigation, 486 F. 2d 1013, 1016 (3d Cir. 1973), cert. denied, 417 U.S. 919, 94 S.Ct. 2625, 41 L.Ed.2d 224 (1974); Adams v. United States, 302 F. 2d 307, 310 (5th Cir. 1962); United States v. Bell, supra note 287, 351 F. 2d at 878. . Nor does it appear that the interest denied sitting judges by the Code of Judicial Conduct…