Cluster 1590754

green · 6 citation events across 1 courts. Showing the 3 strongest citers on record (one row per citing case, strongest signal kept).

All Green 3

green State v. Montas (2008)

Quote Authority · Fla. Dist. Ct. App.

See Schultz, 361 So.2d at 418 ; Siplin v. State, 972 So.2d 982 , 989 n. 8 (Fla. 5th DCA 2007) (“Generally, it violates substantive due process to criminalize purely innocent conduct.”) (citing State v. Giorgetti, 868 So.2d 512 (Fla.2004)).

“Generally, it violates substantive due process to criminalize purely innocent conduct.”

green N.D., A JUVENILE v. State (2020)

Rule Authority · Fla. Dist. Ct. App.

N.D. also relies on Rodriguez v. State, 906 So. 2d 1082, 1089 (Fla. 3d DCA 2004), challenging a statute that banned the wearing of any indicia of law enforcement authority regardless of the intent of the wearer, concluding that “in the absence of an intent or scienter requirement, section 843.085(1) is constitutionally infirm because it makes no distinction between the innocent wearing or display of law enforcement indicia from that designed to deceive the reasonable public …

green State v. Thomas (2014)

Rule Authority · Fla. Dist. Ct. App.

I write separately to add that even if we were to infer a knowledge element, under the premise that “criminal statutes are generally read to include a mens rea element, even when not expressly included in the statute,” Siplin v. State, 972 So.2d 982, 989 (Fla. 5th DCA 2007) (citing State v. Giorgetti, 868 So.2d 512, 515 (Fla.2004)), the second portion of section 831.28(2)(a), would remain unconstitutional for the reasons outlined in the majority because it would continue to …

citing State v. Giorgetti, 868 So.2d 512, 515 (Fla.2004)