Malum In Se

32 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Delmer Porter
  591 F.2d 1048· 5th Cir.· 1979-03-21 ·cited 71×
  The court held that the indictment failed to charge a crime under the Medicare kickback statute and the conspiracy to defraud statute, and that the government failed to prove the commission of any crime denounced by federal statutes.
• Baker v. State
  377 So. 2d 17· Fla.· 1979-11-15 ·cited 69×
  The Florida Supreme Court upheld the constitutionality of Florida's DWI manslaughter statute (§ 860.01(2)), which imposes criminal liability for death caused by operating a vehicle while intoxicated without requiring proof of negligence or proximate causation between the intoxica
• United States v. Barker
  546 F.2d 940· D.C. Cir.· 1976-05-17 ·cited 68×
  The court held that defendants' belief in Hunt's authority, even if mistaken, constituted a mistake of law, not fact, and did not negate the mens rea required for conspiracy to violate Fourth Amendment rights.
• Tipton v. State
  97 So. 2d 277· Fla.· 1957-10-02 ·cited 60×
  The Florida Supreme Court reversed the manslaughter convictions of two defendants who pushed a 63-year-old man suffering from advanced angina pectoris, causing him to fall and die, holding that the state failed to prove the defendants caused the death and that the trial court err
• Bartos v. United States Dist. Court for Dist. of Neb.
  19 F.2d 722· 8th Cir.· 1927-05-17 ·cited 42×
  The order of disbarment should be set aside. While an attorney's violation of their oath to support the Constitution and laws can be grounds for disbarment, the specific act of manufacturing intoxicating liquor in one's home for personal use, without sale, does not inherently inv
• State of Fla. ex rel. Jon Richard Argersinger v. Hamlin
  236 So. 2d 442· Fla.· 1970-06-03 ·cited 32×
  An indigent defendant accused of a misdemeanor is entitled to court-appointed counsel only when the offense carries a possible penalty of more than six months imprisonment. The right to counsel does not extend to misdemeanors carrying lesser sentences.
• State v. Evans
  94 So. 2d 730· Fla.· 1957-02-06 ·cited 31×
  The Florida Supreme Court reviewed a disciplinary proceeding against attorney Evan T. Evans following his conviction of federal income tax evasion on a plea of nolo contendere. The Court held that conviction of a federal felony is sufficient to justify disciplinary action under t
• Whirley v. State
  450 So. 2d 836· Fla.· 1984-05-17 ·cited 30×
  Karen Whirley was convicted of driving with an unlawful blood alcohol level, a violation carrying a maximum penalty of 90 days imprisonment or $250 fine. The Florida Supreme Court held that she had no constitutional right to a jury trial because the offense qualified as a petty c
• United States v. Craner
  652 F.2d 23· 9th Cir.· 1981-07-27 ·cited 23×
  The court concurred in the result that the DUI offense should be treated as serious, not petty, due to substantial consequences beyond the maximum penalty.
• The Nat'l GAY Task Force v. The Bd. OF Educ. OF the City OF Okla. City
  729 F.2d 1270· 10th Cir.· 1984-03-14 ·cited 19×
  The court held that the portion of the statute proscribing 'public homosexual conduct' is unconstitutionally overbroad because it punishes protected speech, and this portion is severable from the rest of the statute.
• Reed v. State
  470 So. 2d 1382· Fla.· 1985-05-02 ·cited 16×
  The Florida Supreme Court held that a defendant charged with criminal mischief has a constitutional right to a jury trial because the offense is rooted in the common law crime of malicious mischief, which is malum in se and was indictable at common law. The court rejected a brigh
• Todd v. State
  594 So. 2d 802· Fla. 5th DCA· 1992-01-31 ·cited 12×
  Todd was charged with manslaughter after stealing $110 from a church collection plate, which prompted a church member to pursue him in his car. The pursuer suffered a fatal heart attack during the chase. The court reversed the manslaughter conviction, holding that Florida require
• Rotstein v. Dep't OF Prof'l & Occupational Reg.
  397 So. 2d 305· Fla. 1st DCA· 1980-07-24 ·cited 12×
  A conviction under federal law does not constitute grounds for medical license discipline under Florida Statutes § 458.1201(l)(c) unless the offense would also be classified as a felony under Florida law or would be a felony if committed in Florida; the constitutional definition
• Davis v. State of Fla. ex rel. Fla. State Bd. OF Dental Exam'rs
  181 So. 2d 559· Fla. 1st DCA· 1965-12-30 ·cited 9×
  Dr. Stiles Davis challenged a Florida State Board of Dental Examiners order that suspended his dental license for three months due to violations of professional sign regulations. The court found Davis guilty of only technical violations and reversed, holding that the three-month
• State v. Smith
  151 So. 2d 889· Fla. 1st DCA· 1963-04-18 ·cited 9×
  Florida appeals the quashing of an indictment charging W. Robert Smith with selling unregistered securities in violation of state law. The court affirms the quashing because the indictment failed to allege scienter (knowledge or criminal intent), which the court implies as a nece
• Danebo Lumber Co., Inc. v. Koutsky-Brennan-Vana Co.
  182 F.2d 489· 9th Cir.· 1950-05-17 ·cited 8×
  A party who pays money under a contract that is malum in se (inherently wrong), such as a conspiracy to violate a federal criminal statute, cannot recover that money if they are in pari delicto (equally at fault) with the other party.
• Richardson v. Fla. State Bd. OF Dentistry
  326 So. 2d 231· Fla. 1st DCA· 1976-02-05 ·cited 6×
  Dr. Richardson, a dentist, challenged his six-month suspension from the Florida State Board of Dental Examiners for misconduct related to obtaining and using morphine sulfate. The appellate court found the Board's factual findings partly unsupported by evidence and its legal conc
• Landry v. Judge J. Robert Hoepfner and William Guste, Jr.
  840 F.2d 1201· 5th Cir.· 1988-03-17 ·cited 4×
  The dissenting judge would reverse the lower court's decision and hold that a jury trial is mandated in driving while intoxicated cases.
• Sanchez v. State
  503 So. 2d 436· Fla. 4th DCA· 1987-03-04 ·cited 4×
  The circuit court departed from the essential requirements of law by affirming the county court's denial of a jury trial for retail theft, a crime considered serious.
• Castle v. Immigr. & Naturalization Serv.
  541 F.2d 1064· 4th Cir.· 1976-09-23 ·cited 4×
  The court held that the crime of carnal knowledge of a minor inherently involves moral turpitude, making the alien deportable under federal law.
• THE Florida BAR v. Oakley G. Smith, Jr.
  301 So. 2d 768· Fla.· 1974-09-11 ·cited 4×
  The Florida Bar sought to suspend attorney Oakley G. Smith, Jr. from practicing law following his federal conviction for submitting false cost reports to the Department of Health, Education and Welfare. The Florida Supreme Court held that while conviction is conclusive proof of g
• MacCo Const. Co. v. Farr
  137 F.2d 52· 9th Cir.· 1943-06-25 ·cited 4×
  A contract is not rendered void by an incidental violation of a licensing statute that specifies penalties, absent clear legislative intent to void such contracts.
• Antonacci v. State
  504 So. 2d 521· Fla. 5th DCA· 1987-03-26 ·cited 2×
  A defendant charged with assault under section 784.011, Florida Statutes, is entitled to a jury trial because assault was an indictable offense at common law and is malum in se.
• Race v. Mitchell
  357 So. 3d 720· Fla. 4th DCA· 2023-03-08 ·cited 1×
  The appellate court reversed a lower court's decision, finding that a defendant who recorded phone calls from Ohio to Florida lacked sufficient minimum contacts with Florida to be sued there. The court emphasized that the recording was legal in Ohio and not inherently tortious, t
• Moelis & Co.
  Del.· 2026-01-20
  The Delaware Supreme Court reversed the Court of Chancery's ruling that a stockholders agreement containing governance restrictions violated Delaware General Corporation Law Section 141(a) and was void and unenforceable. The Court held that such provisions are voidable rather tha
• Race v. Mitchell
  Fla. 4th DCA· 2023-03-08
  A defendant who legally records a telephone conversation in his home state where recording is lawful, with no other significant contacts with Florida, lacks sufficient minimum contacts with Florida to satisfy due process requirements for personal jurisdiction in a wiretapping act
• AVI Stern v. Dep't of Bus. & Prof'l Reg.
  Fla. 4th DCA· 2021-05-12
  The appellate court reversed the Department of Business & Professional Regulation's sanctions against a real estate sales associate. The court held that a conviction for violating the Sherman Act, which restrains trade, does not inherently involve moral turpitude or fraudulent/di
• Slaughter v. State
  15th Cir. Ct. App. Div.· 2014-08-06
  David Slaughter was convicted of petit theft in the second degree in a bench trial after the trial court denied his demand for a jury trial, reasoning that the misdemeanor charge with waived jail time and adjudication did not require jury consideration. The appellate court revers
• Tullidge v. Hollingsworth
  9th Cir. Ct. App. Div.· 2013-07-09
  The court reversed a prostitution conviction obtained through a bench trial, holding that prostitution is a crime involving moral turpitude under the Hollingsworth test and therefore guarantees a constitutional right to jury trial under both the Federal and Florida Constitutions.
• Town of Surfside v. McGLYNN
  5 Fla. Supp. 194· Surfside Mun. Ct.· 1954-04-23
  The Town of Surfside charged two defendants with sign ordinance violations—McGlynn for erecting a sign without town manager approval and Pathman for maintaining a sign exceeding the maximum allowable area. The court held that painted lettering on the interior of a window does not