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John Goodman v. Florida

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D14-4479 · judgment July 26, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Court should resolve the following question for which the state courts are split (including the Florida appellate court of last resort in this case): can law enforcement officers rely on the exigent circumstance exception to the Fourth Amendment warrant requirement to justify the warrantless extraction of blood from a suspected drunk driver when the officers make no attempt to obtain a warrant prior to forcibly taking the blood sample and presented no evidence that a warrant judge was actually unavailable (which, in essence, would create another per se exigency in contravention of the Court’s holding in Missouri v. McNeely, 569 U.S. 141 (2013)).

  2. Whether a state statute silent concerning mens rea which criminalizes a driver’s failure to render aid to a person injured in a crash was

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Richard Chambers Valuntas
Office of Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
17A1311

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 14 2018
    Waiver of right of respondent State of Florida to respond filed.
  4. Aug 06 2018
    Petition for a writ of certiorari filed. (Response due September 10, 2018)
  5. May 30 2018
    Application (17A1311) granted by Justice Thomas extending the time to file until August 6, 2018.
  6. May 23 2018
    Application (17A1311) to extend the time to file a petition for a writ of certiorari from June 7, 2018 to August 6, 2018, submitted to Justice Thomas.