ORDER ON MOTIONS TO DISMISS
[F]or there is nothing either good or bad, but thinking makes it so.
William Shakespeare, The Tragedy of Hamlet, Prince of Denmark, Act II sc. 2
The 39 defendants captioned above are similarly circumstanced in that all are charged withviolation of Fla. Stat. § 893.13. In light of the recent decision in
Shelton v. Department of Corrections
, No. 6:07-cv-839-Orl-35-KRS, 2011 WL 3236040 (M.D. Fla. July 27, 2011), finding
893.13 unconstitutional, all defendants move for dismissal. I have consolidated these cases for purposes of these motions only.
has produced a category-five hurricane in the Florida criminal practice community.A storm-surge of pretrial motions (such as those at bar) must surely follow. It is, therefore, essentialthat I adjudicate the present motions promptly. This order has been written in great haste and under great time pressure. As Mark Twain is alleged to have said:
d had more time, I could havewritten you a shorter letter.
Mackle Shelton was arrested on October 5, 2004, and charged with a long list of seriouscrimes. Among those crimes was delivery of cocaine in violation of Fla. Stat. § 893.13.
,2011 WL 3236040, at *3. Regarding that count, the trial jury was given the standard jury instruction,
., the jurors were charged that the prosecution was obliged to prove that Shelton delivered a
I am indebted to Assistant State Attorney Christine Zahralban for submitting, under the same time pressure, a very scholarly memorandum in opposition to the present motions.