STATE OF FLORIDA, PLAINTIFF,
v.
AARON DENNIS CARROLL, DEFENDANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the certified questions were without controlling precedent, but a prior ruling already established the constitutionality of the relevant statutes.
The Ninth Judicial Circuit certified questions relating to capital punishment statutes to the court. The court reviewed the questions under appellate …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Controlling Precedent cases and more on FLexlaw
ADKINS, Justice.
We have for consideration questions from the Ninth Judicial Circuit, relating to Fla.Stat. §§ 775.08, 782.04, 921.141 (Capital Punishment), F.S.A., certified under the provisions of Fla.App.Rules, Rule 4.6, 32 F.S.A. The above appellate rule provides certain limitations within which the question must be presented and these limitations are strictly observed. Clar v. Dade County, 116 So. 2d 34 (Fla.App.3d, 1959); Hillsborough County v. Bennett, 173 So. 2d 688 (Fla.1965). One of the limitations imposed is that the certified question must be without controlling precedent in Florida. Bigby v. Lykes Bros., 153 Fla. 313, 14 So. 2d 565 (1943); Stanley v. Home Owners Mortgage Co., 42 So. 2d 770 (Fla.1949); Jaworski v. City of Opa-Locka, 149 So. 2d 566 (Fla.App.3d, 1963).
This Court in State v. Dixon, 283 So. 2d 1 (Fla.1973), held that Fla.Stat. §§ 775.082, 782.04, 921.141, F.S.A., was constitutional. The request is therefore denied.
It is so ordered.
CARLTON, C. J., and BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sawyer v. State, 313 So. 2d 680 (Fla. 1975)…entions raised by the appellant alleging the vagueness of the felony murder provisions of Section 782.04, Florida Statutes, are without merit and have been answered by this Court in State v. Dixon, 283 So. 2d 1 (Fla.1973). See also State v. Carroll, 287 So. 2d 304 (Fla.1973). The contention that the imposition of the death penalty is unconstitutional has also been previously answered by this Court, and we adhere to those rulings. State v. Dixon, supra; State v. Carroll, supra. Accordingly, no reversible err…
Authorities Cited
- State v. Dixon, 283 So. 2d 1 (Fla. 1973)
- Bigby v. Lykes Bros., Inc., 153 Fla. 313 (Fla. 1943)
- Clar v. Dade Cnty., 116 So. 2d 34 (Fla. 3d DCA 1959)
- The Babsdon Co. v. Thrifty Parking Co., 149 So. 2d 566 (Fla. 3d DCA 1963)
- Sigmund T. Jaworski v. The City OF Opa-Locka, 149 So. 2d 566 (Fla. 3d DCA 1963)
- Welch v. Bd. OF Governors, 173 So. 2d 688 (Fla. 1965)
- Hillsborough Cnty. v. Bennett, 173 So. 2d 688 (Fla. 1965)