Trushin v. State (1980)

green · 15 citation events across 2 courts. Showing the 6 strongest citers on record (one row per citing case, strongest signal kept).

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green Deehl v. Knox (1982)

Rule Authority · Fla. Dist. Ct. App. · 2 citations in this opinion

As we point out, infra, the narrowing construction we place on the statute, which preserves its validity, is fully in accord with what the legislature desired. [6] In reality, since the legislature must be presumed to intend to act constitutionally, the rule requiring a limiting constitutional interpretation if possible is merely an aspect of the doctrine that the legislative intent must prevail. [7] See n. 4, supra. [8] As in Trushin, 384 So.2d at 673, n. 10 , this holding …

green Alexander v. State (1984)

Rule Authority · Fla. Dist. Ct. App.

Appellant appropriately relies on Trushin v. State, 425 So.2d 1126 (Fla. 1983), as authority for a convicted appellant's constitutional issue being raised and entertained for the first time on appeal as shown in the following excerpt: The district court answered the facial constitutionality of the statute question with the following correct assertion: "Notwithstanding that these issues are acknowledgedly raised for the first time on appeal, we consider their merits because a…

footnotes omitted

green Cioli v. State (1984)

Rule Authority · Fla. Dist. Ct. App.

Zalla v. State, 61 So.2d 649 (Fla.1952); Whitman v. State, 97 Fla. 988 , 122 So. 567 (1920); State v. Saad, 429 So.2d 757 (Fla. 3d DCA 1983); Jones v. State, 415 So.2d 852 (Fla. 5th DCA 1982), rev. denied, 424 So.2d 761 (Fla.1982); State v. Fields, 390 So.2d 128, 129 (Fla. 4th DCA 1980); Trushin v. State, 384 So.2d 668, 676, 678 (Fla. 3d DCA 1980), aff’d, 425 So.2d 1126 (Fla.1982); State v. Newton, 328 So.2d 110 (La.1976).

green Trushin v. State (1982)

Rule Authority · Fla.

The district court answered the facial constitutionality of the statute question with the following correct assertion: "Notwithstanding that these issues are acknowledgedly raised for the first time on appeal, we consider their merits because a conviction for the violation of a facially invalid statute would constitute fundamental error." 384 So.2d at 672 (footnotes omitted).

footnotes omitted

green Marathon Trailerama, Inc. v. Department of Health & Rehabilitative Services (1986)

Cited · Fla. Dist. Ct. App. · signal: see

See Trushin v. State, 425 So.2d 1126, 1131 (Fla.1982), approving, 384 So.2d 668 , 675 n. 20 (Fla. 3d DCA 1980).

green State v. Saad (1983)

Cited (see also) · Fla. Dist. Ct. App. · signal: see also

See also, Trushin v. State, 384 So.2d 668 (Fla. 3d DCA 1980), aff’d, 425 So.2d 1126 (Fla.1982); State v. Napoli, 373 So.2d 933 (Fla. 4th DCA 1979).