Supreme Court Report

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Richard James Ruvido v. Florida

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D2025-1691 · judgment July 8, 2026


1%
estimated cert probability
(petition-stage, structural)
At the Nov 6 conference: granted 0.04% · GVR 0.04% · relisted 5.1% · denied 95%
Granted ever, conference-stage estimate: 0.63%

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

Questions presented

  1. Whether the Due Process Clause permits a State to convict a defendant of the crime of refusing to submit to a breath test without requiring the jury to determine that the defendant voluntarily refused, where the defendant presented evidence that a physical condition prevented immediate compliance and requested an instruction distinguishing physical inability from voluntary refusal.

  2. Whether the Sixth and Fourteenth Amendments permit a State to exclude qualified defense-expert testimony concerning material deviations from standardized fieldsobriety-test protocols while permitting the State’s officer to characterize the same exercises as evidence supporting impairment and probable cause.

Counsel of record

For petitioner
David M. Lamos
David M. Lamos, Attorney at Law

For respondent
Celia A. Terenzio

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 14 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Oct 07 2026
    Waiver of right of respondent Florida to respond filed.
  3. Sep 25 2026
    Petition for a writ of certiorari filed. (Response due October 30, 2026)