So far not one of the Judges in Florida’s 6th Circuit (encompassing Hillsborough, Pinellas, Pasco Counties as well as Tampa, Clearwater & St. Petersburg) has thrown out any drug cases based on Federal District Judge Scriven’s recent well reasoned Federal decision in the Shelton case which declared Florida’s Drug Laws unconstitutional.
However, Circuit Courts in Miami have dismissed some cases and not others. More recently the Circuit Court for the Twelfth Judicial Circuit in Manatee County dismissed 46 cases based on Scriven’s decision that Fla. Stat. section 893.13 was unconstitutional. The State of course immediately appealed. On September 28th, the Second District Court of Appeal entered an order certifying that the issue requires immediate resolution by the Florida Supreme Court.
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