In reviewing some of the background of this decision, what no one has said anything about is the fact that this could also be the stepping stone to reversing a lot of previous case where people have been sent to prison and lead to expungement of records.
Another prospect that has not been addressed is the potential for case of false imprisonment. Then again, I could be all wrong on this but who knows. At a minimum it offers some pontential for thin cheer this Christmas season.
It seems as if the Florida Supreme Coourt will act with speed I have yet to see when “”…Circuit Judge Scott Brownell dismissed charges against 42 Manatee County defendants in 46 separate criminal proceedings. The appellate court noted many more motions to dismiss are pending and that none can be resolved until the Supreme Court rules.
“Finally, if the ruling in this order is ultimately affirmed by the Supreme Court, it is possible that hundreds or even thousands of inmates will be eligible for immediate release,” the panel wrote.
Brownell ruled that the 2002 drug law violates constitutional due process requirements because it eliminated a previous requirement for prosecutors to prove defendants had a “guilty knowledge” that a substance they had sold, manufactured, delivered or possessed was illegal.
Florida is the only state that doesn’t have doesn’t have a guilty knowledge, or “mens rea,” provision in its drug laws…..”