Hamm v. State
Cases that cite this one
6 later published cases cite this decision.
- JOSIE MACHOVEC v. PALM BEACH COUNTY (Fla. Dist. Ct. App. 2021)
- Ferro v. Lewis (Md. 1998)
- Buhl v. Hannigan (Cal. Ct. App. 1993)
- David L. Picou v. Jim Gillum, Sheriff of Pasco County and James T. Russell, State Attorney (11th Cir. 1989)
- Picou v. Gillum (11th Cir. 1989)
- People v. Kohrig (Ill. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Lawrence HAMM, Appellant,
v.
STATE of Florida, Appellee.
Supreme Court of Florida.
*947 Nelson E. Bailey of Bailey & Jordan, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, Florida, for appellee.
OVERTON, Justice.
This is an appeal from a decision of the County Court of Palm Beach County, which upheld the constitutionality of section 316.211, Florida Statutes. The statute requires that the operator of a motorcycle wear protective headgear.
We expressly upheld the constitutionality of section 316.211 in State v. Eitel, 227 So.2d 489 (Fla. 1969), finding that the statute had a rational, valid purpose, and could withstand attacks of both vagueness and unconstitutional delegation. Appellant contends that our recent decision in Satz v. Perlmutter, 379 So.2d 359 (Fla. 1980), indicates a departure from the Eitel decision. The Perlmutter decision, which allowed a competent adult patient to discontinue extraordinary medical treatment, was specifically limited to the facts of that case and clearly has no application to the legitimate exercise of state police power in the instant case. We reaffirm our decision in Eitel and uphold the appellant's conviction.
It is so ordered.
SUNDBERG, C.J., and ADKINS, BOYD, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.