122 Fla. 669 - Chavers v. Harrell

How this case has been cited

Cited by 6 later decisions — most recently September 1978

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1 This case is disposed of on the authority of the cases of State, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, and State, ex rel. Thomas B. Adams, v. Lee, Comptroller, this day decided. See 122 Fla. 639, 166 Sou. Rep. 249.

¶2 The petitioner is accordingly remanded to the custody of the respondent and the habeas' corpus proceedings dismissed, without prejudice to the right of the petitioner upon being arraigned, to invoke the principle that a statute that is declared unconstitutional by a competent court is without force until the decision of the lower court is reversed by a higher court so as to preclude infliction of punishment for criminal violations of it, or the exaction of civil penalties for its non-observance, during the time the judicial declaration of invalidity stood unreversed by the higher court. See 8 R. *670 C. L. par. 10, page 60, and cases cited in support; State v. O’Neil, 33 L. R. A. (W. S.) 788 and note.

¶3 Petitioner remanded without prejudice to special defense that may be available to him.

Whitfield, C. J., and Terrell, Brown and Davis, J. J., and Frank A. Smith, Circuit Judge, concur. Buford, J., dissents.