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· 4/26/2004

Cashatt v. State

Citations

  • 873 So. 2d 430
  • 2004 WL 874917

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a facial challenge to a statute is more difficult than an “as applied” challenge because the challenger must establish that no set of circumstances exists under which the statute would be valid
  • holding that a facial challenge to a statute is more difficult than an \as applied\ challenge because the challenger must establish that no set of circumstances exists under which the statute would be valid
  • concluding that the failure of section 847.0135(3) to contain a mens rea requirement is not fatal because criminal statutes are presumed to include a knowledge requirement in the absence of a contrary legislative statement
  • holding that a facial challenge to a statute is more difficult than an “as applied” challenge because the challenger must establish that no set of circumstances exists under which the statute would be valid
  • holding that section 847.0135 does not violate the commerce clause
  • explaining that a facial constitutional challenge “must fail unless no set of circumstances exists in which the statute can be constitutionally applied”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.