FRANK ISOM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed. Dirk v. State, 305 So. 2d 187 (Fla.1974). Cf. State v. Bryan, 290 So. 2d 482 (Fla.1974); Rigot v. Bucci, 245 So. 2d 51 (Fla.1971), Rule 3.390, Florida Rules of Criminal Procedure.
OVERTON, C. J., and ROBERTS, ADKINS, BOYD, SUNDBERG and HAT-CHETT, JJ., concur. ENGLAND, J., dissents with an opinion.
ENGLAND, J.,
dissenting.
I respectfully dissent. This case raises the constitutional validity of Section 832.05 (6), Florida Statutes (1975), the “bad check” statute which facilitates merchants’ check collections by permitting criminal arrest and possible conviction based on mere presentment of a dishonored check and without any proof of a criminal intent. Justice Ervin thoroughly analyzed the due process infirmity of this provision in Dirk v. State, 305 So. 2d 187, 188-190 (Fla.1974) (dissent). His analysis was correct in 1974, and it is equally cogent now. Cf. Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).
Cases With Similar Vibessemantic neighbors from the corpus
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L.A.T. v. State, 650 So. 2d 214 (Fla. 3d DCA 1995)…ally had that effect. Specifically, they did not “disturb” or cause anybody to interfere with the arrest or otherwise to breach the peace.3 A “fighting words” finding is therefore constitutionally unjustified as a matter of law. See Morris v. State, 335 So. 2d 1 (Fla.1976); Gonzalez v. City of Belle Glade, 287 So. 2d 669 (Fla.1973); C.P. v. State, 644 So. 2d 600 (Fla. 2d DCA 1994); Harbin v. State, 358 So. 2d 856, 857 (Fla. 1st DCA 1978); Ware v. City & County of Denver, 182 Colo. at 177, 511 P. 2d at 475;…
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Harbin v. State, 358 So. 2d 856 (Fla. 1st DCA 1978)…ction fails only when 1) by the manner of their use, the words invade the right of others to pursue their lawful activities, or 2) by their very utterance, they inflict injury or tend to incite an immediate breach of the peace.” In State v. Morris, 335 So. 2d 1 (Fla.1976), the Court, following White, supra, reversed the disorderly conduct conviction of an appellant who had “use[d] . . . profane language to police officers in the presence of other persons.” More recently, in State v. Saunders, 339 So. 2d 64…
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Cross v. State, 374 So. 2d 519 (Fla. 1979)…people on the street and vehemently attempt to sell them newspapers cannot be punished under section 877.03. State v. Saunders, 339 So. 2d 641 (Fla.1976). Nor can directing profane language at a policeman in the presence of others. Morris v. State, 335 So. 2d 1 (Fla.1976). On the other hand, section 877.03 does reach the conduct of one who engages in sexual activity in a parked automobile. State v. Magee, 259 So. 2d 139 (Fla.1972). To scream at the top of one’s lungs in a police office, interfering with o…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mullaney v. Wilbur (W.D. Pa. 1975)
- State v. Bryan, 290 So. 2d 482 (Fla. 1974)
- Rigot v. Bucci, 245 So. 2d 51 (Fla. 1971)
- Dirk, 305 So. 2d 187 (Fla. 1974)