State v. Carroll

Supreme Court of Florida

State v. Carroll

287 So. 2d 304

CourtSupreme Court of Florida

DecidedDecember 19, 1973

DocketNo. 43615

StatusPublished

Cited by1 cases

This text of 287 So. 2d 304 (State v. Carroll) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Carroll, 287 So. 2d 304 (Fla. 1973).

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Opinion

ADKINS, Justice.

We have for consideration questions from the Ninth Judicial Circuit, relating to Fla.Stat. §§ 775.08, 782.04, 921.141 (Capital Punishment), F.S.A., certified under the provisions of Fla.App.Rules, Rule 4.6, 32 F.S.A.

The above appellate rule provides certain limitations within which the question must be presented and these limitations are strictly observed. Clar v. Dade County, 116 So.2d 34 (Fla.App.3d, 1959); Hillsborough County v. Bennett, 173 So.2d 688 (Fla.1965). One of the limitations imposed is that the certified question must be without controlling precedent in Florida. Bigby v. Lykes Bros., 153 Fla. 313, 14 So.2d 565 (1943); Stanley v. Home Owners Mortgage Co., 42 So.2d 770 (Fla.1949); Jaworski v. City of Opa-Locka, 149 So.2d 566 (Fla.App.3d, 1963).

This Court in State v. Dixon, 283 So.2d 1 (Fla.1973), held that Fla.Stat. §§ 775.082, 782.04, 921.141, F.S.A., was constitutional. The request is therefore denied.

It is so ordered.

CARLTON, C. J., and BOYD, McCAIN and DEKLE, JJ., concur.

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ADKINS, Justice.

We have for consideration questions from the Ninth Judicial Circuit, relating to Fla.Stat. §§ 775.08, 782.04, 921.141 (Capital Punishment), F.S.A., certified under the provisions of Fla.App.Rules, Rule 4.6, 32 F.S.A.

The above appellate rule provides certain limitations within which the question must be presented and these limitations are strictly observed. Clar v. Dade County, 116 So.2d 34 (Fla.App.3d, 1959); Hillsborough County v. Bennett, 173 So.2d 688 (Fla.1965). One of the limitations imposed is that the certified question must be without controlling precedent in Florida. Bigby v. Lykes Bros., 153 Fla. 313, 14 So.2d 565 (1943); Stanley v. Home Owners Mortgage Co., 42 So.2d 770 (Fla.1949); Jaworski v. City of Opa-Locka, 149 So.2d 566 (Fla.App.3d, 1963).

This Court in State v. Dixon, 283 So.2d 1 (Fla.1973), held that Fla.Stat. §§ 775.082, 782.04, 921.141, F.S.A., was constitutional. The request is therefore denied.

It is so ordered.

CARLTON, C. J., and BOYD, McCAIN and DEKLE, JJ., concur.

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287 So. 2d 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carroll-fla-1973.

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