· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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