State v. Burgess, 47477
| Decision Date | 07 January 1976 |
| Docket Number | No. 47477,47477 |
| Citation | 326 So.2d 441 |
| Parties | STATE of Florida, Petitioner, v. Leon Norman BURGESS, Respondent. |
| Court | Florida Supreme Court |
Robert L. Shevin, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., for petitioner.
Jack O. Johnson, Public Defender, and Dennis Maloney, Asst. Public Defender, for respondent.
John A. Madigan, Jr., and Jack M. Skelding, Jr., of Madigan, Parker, Gatlin, Truett & Swedmark, Tallahassee, for the Florida Sheriffs Ass'n amicus curiae.
As authorized by Article V, Section 3(b)(3), Florida Constitution, this matter came to this Court as a certified question of great public interest. 1
The question is as follows:
'May one forcefully resist an unlawful arrest by a person whom he knows or has reason to know to be an authorized police officer?'
The record shows Respondent was charged with resisting arrest with violence but submitted a nolo contendere plea to a lesser offense of resisting arrest without violence. Since the guilty plea was accepted by the court to a lesser offense, we deem it inappropriate to issue our opinion in response to the certified question relating to resisting arrest with violence.
Accordingly, we respectfully decline to answer the question propounded by the District Court.
It is so ordered.
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State v. Thomas, s. 58209 and 58210
...20 Ariz.App. 367, 513 P.2d 374, 378 (1973); Burgess v. State, 313 So.2d 479, 481-483 (Fla.App.1975), certification declined, 326 So.2d 441 (Fla.1976); Rodgers v. State, 373 A.2d at 946-952. See generally Warner, The Uniform Arrest Act, 28 Va.L.Rev. 315, 330-331 (1942); Note, 83 Harv.L.Rev. ......
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State v. Saunders
...333 (Fla.1952); Gay v. State, 147 Fla. 690, 3 So.2d 514 (1941); Burgess v. State, 313 So.2d 479 (Fla.2d DCA 1975) Merits not reached 326 So.2d 441 (Fla.1976); English v. State, 293 So.2d 105 (Fla.1st DCA 1974); Smith v. State, 292 So.2d 69 (Fla.3rd DCA 1974) cert. den. 297 So.2d 570 (Fla.19......
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Connors, In re
...interest, the Court will refrain from deciding the merits if the question is not squarely posed by the certified case. State v. Burgess, Fla., 326 So.2d 441 (1976). Similarly, questions certified for appellate review pursuant to Rule 4.6, Florida Appellate Rules, 1962 Revision, go unanswere......
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L.K.B. v. State, 95-2152
...Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989); Burgess v. State, 313 So.2d 479 (Fla. 2d DCA 1975), certified question denied, 326 So.2d 441 (Fla.1976). Perhaps this case is more about social mores than law. It is not unusual today to see young boys and girls remain for long periods of ......