JOHNSON v. STATE

No. 77831.

602 So.2d 1288 (1992)

Jennifer Clarice JOHNSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 23, 1992.


Attorney(s) appearing for the Case

Louise F. Melling and Eric Lieberman of Rabinowitz, Boudin, Standard, Krinsky & Lieberman, for The Nat. Emergency Civ. Liberties Committee, Lynn M. Paltrow, for American Civ. Liberties Union Foundation, New York City, James Sweeting, III, Orlando, and James K. Green for American Civ. Liberties Union Foundation of Florida, Inc., West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.

Stephan E. Lawton and Thomas N. Bulleit, Jr. of Hogan & Hartson, Washington, D.C., David Orentlicher, for American Medical Ass'n, Chicago, Ill., and John E. Thrasher for Florida Medical Ass'n, Inc., Jacksonville, amicus curiae for The American Medical Ass'n, The American Academy of Pediatrics, The American College of Obstetricians and Gynecologists, and The Florida Medical Ass'n.

Nadine Taub, Rutgers University, School of Law, Newark, N.J., and Jerri Blair of Lockett & Blair, P.A., Tavares, amici curiae for The American Public Health Ass'n, The American Medical Women's Ass'n, Inc., The American Nurses Ass'n, The American Society of Addiction Medicine, The American Society of Law & Medicine, The Ass'n of Maternal and Child Health Programs, The Bucks County Council on Alcoholism and Drug Dependence, The Center for Law and Social Policy, The Center for Science in the Public Interest, The Coalition on Alcohol and Drug Dependent Women, The Drug Policy Foundation, The Florida Chapter of the Nat. Organization for Women, The Florida Feminist Task Force, The Florida Nursing Students' Ass'n, The Illinois Alcoholism and Drug Dependence Ass'n, The Legal Action Center, The Louisiana Coalition for Maternal and Infant Health, The Mariposa Women's Center, The Monroe County Coalition for Choice, The Nat. Abortion Rights Action League, The Nat. Ass'n of Alcoholism and Drug Abuse Counselors, The Nat. Ass'n of Social Workers, The Nat. Black Women's Health Project, The Nat. Council on Alcoholism and Drug Dependence, The Nat. Council of Negro Women, Inc., The Nat. Latina Health Project, The Nat. Lawyers Guild, Southern Region, The Nat. Perinatal Ass'n, The Nat. Women's Health Network, Project Healthy Choices, The Winter Park Area Chapter of The Nat. Organization for Women (Winter Park Area NOW), and The Women's Legal Defense Fund.

Wendy K. Mariner, Boston, Mass., and Jary C. Nixon, Tampa, amicus curiae for The American Soc. of Law and Medicine.

Charlene Miller Carres, Tallahassee, amicus curiae for A Group of Florida legislators.

Dawn Euringer of Hayden & Milliken, P.A., Peggy Fisher, Barbara Greenof Freidin, Hirsh, Green & Gerrard, P.A., Marisa Tinkler Mendez of Black & Furci, P.A., Sally Richardson of Shutts & Bowen, Miami, and Jill Traina, Coral Gables, amicus curiae for Florida Ass'n for Women Lawyers, Dade County Chapter, Inc.

Alison B. Marshall of Miller, Canfield, Paddock and Stone, Washington, D.C., amicus curiae for Nat. Ass'n for Perinatal Addiction Research and Educ. (NAPARE).


HARDING, Justice.

We have for review Johnson v. State, 578 So.2d 419, 420 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal certified the following question as one of great public importance:

WHETHER THE INGESTION OF A CONTROLLED SUBSTANCE BY A MOTHER WHO KNOWS THE SUBSTANCE WILL PASS TO HER CHILD AFTER BIRTH IS A VIOLATION OF FLORIDA LAW?

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