Thursday, July 28, 2011

MENS REA

Hello Miami criminal lawyers. I am Tilly____, a Solicitor in the UK enlisted by your Rumpole to help supervised the blog in his absence. I was instructed not to get involved unless something big happened. I think this qualifies as BIG:
Mr. Markus emailed Rumpole the news that a Federal Judge has ruled that Florida's Drug Laws are unconstitutional because they do not require Mens Rea to commit the crime. I cannot hope to approximate the type of post your Rumpole will do. But here are the particulars.


FLORIDA'S DRUG LAWS (893.13) ARE UNCONSTITUTIONAL!

So says Federal Judge Mary Scriven from your Middle District:

On May 13, 2002, the Florida Legislature enacted changes to Florida’s Drug Abuse Prevention and Control law, FLA. STAT. § 893.13, as amended by FLA. STAT. § 893.101. By this enactment, Florida became the only state in the nation expressly to eliminate mens rea as an element of a drug offense. This case, challenging the constitutionality of that law, was filed following Plaintiff’s conviction for delivery of cocaine without the jury being required to consider his intent in any respect and the subsequent imposition of an eighteen year sentence following his conviction. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Petitioner’s request for habeas relief (Dkt. 1), and finds that FLA. STAT. § 893.13 is unconstitutional on its face.


Here is the Amicus brief signed by your famous David O Markus.

Rumpole will be back soon. He is quite liked over here, but of course as his real persona and not his nom de blog.

Te/update/fladruguncon/aspersera

18 comments:

Anonymous said...

I am a died in the wool conservative. All i can say is YES!!!!!!!!!!!!!!!!!!!!!!!!!. It is about time. Twenty five years ago, this decision would have ignited a revolt. Now, it is almost ignored. And why? Because every person with at least a room temperature IQ realizes that the so called war on drugs is a farce that has imprisoned millions of people who don't belong there, corrupted law enforcement, and diminished everyone else's civil liberties. Not to mention the wasted $. Believe it or not, this all started with Reagan who federalized criminal conduct that should have been left to the states. And the Democrats went along fearing that they would be tarred as soft on crime. A real disgrace.

smoke em if you got em said...

Shumie time for the drugs laws. Smoke em if you got em.

Crabs said...

Is it true that our own Kenny Weisman has been accepted as a greenhorn on one of the alaskan boats for next season's deadliest catch? And if so then congratulations are in order, si?

Anonymous said...

weisman wouldn't do anything you could break a fingernail at

Anonymous said...

Thought I was about to read post by a Nigerian lawyer trying to tell me that Rumpole's rich relatives had died and he wanted us all to put up $ so he could claim his share of the beneficiary proceeds...

Anonymous said...

Should I expect a mass nolle prossing of my drug cases on calendar tomorrow? That would really lighten my court-appointed case load.....

Anonymous said...

It's too bad that our trial courts are bound by the FLORIDA SUPREME COURT and the appropriate appellate courts - not this decision. This issue has already been litigated in the appellate courts, and the 3rd DCA has upheld the statute on a federal due process claim.

For the 5 of you who actually know how to read case law, look at State v. Dwyer and know that this is about as important as a decision out of the Southern District of NY.

Secret Judge said...

Rather significant, I must say, and long overdue.

Anonymous said...

Balance the Budget. Save a $100 a day in lock-up costs and add Tax revenue. LEGALIZE or decriminalize person USE, Possession of drugs. Tickets not Jail or Prison!
DS

Kenneth Weisman said...

The suggestion that I was accepted as a "greenhorn" on deadliest catch is absurd. As most of my friends are aware, I will be appearing next season on Ice Road Truckers. I have agreed to make deliveries in Canada's Northwest Territories on behalf of a new Palestinian Chicken Franchise.

Anonymous said...

If it were to really stick which it won't because it's not binding then 80% of the people in this building would be out of work. Clerks, judges, prosecutors and defense attorneys. There'd be no need for most of them.

The Funk Man said...

If Representative (text my) Weiner can have a Moslem wife, then I'll also eat that Palestinian chicken

Anonymous said...

Weisman Lies! I have it on unimpeachable authority that he is signed on as a member of the crew of the fun loving Hillstrand Brothers and Time Bandit after they won a bidding war with Sig Hansen on the Northwestern.

Remember kenny- over the rail, in the pail, up for sale.

Anonymous said...

Kenny Weisman = Zohan

Anonymous said...

10:06, can you post the link to State v. Dwyer?

Al-Abbas Palestinian Chicken said...

“The penis doesn’t care about race, creed, and color. The penis wants to get to its homeland. It wants to go home.” – Larry David

Anonymous said...

You are wrong. Kenny is not going to waste his time on some stinking crab boat, put his life in danger, freeze his tuchus (sp?) off for less cash than he makes already, while glamming it up on South Beach.

He was also much disappointed when he found out that the Gefilte fishing season did not coincide with his planned hiatus from law practice.

He is confirmed on Ice Road Trucker. Not motivated by money, though. He will officially be the first Jew to penetrate the arctic circle on land, and of course be the first Jew to drive an eighteen wheeler.

Anonymous said...

my god, what are you doing this is going to take away all of your bread and butta, what are you south florida court roaches going to do ,have to read case law and practice real law ?????????????