No. 18-179

John Goodman v. Florida

Lower Court: Florida
Docketed: 2018-08-09
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 4th-amendment blood-draw drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely warrant-requirement
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Court should resolve the question of whether law enforcement officers can 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 and present no evidence that a warrant judge was unavailable

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 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 (2018)). 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 ii unconstitutionally applied to the Petitioner in violation of the Due Process Clause of the Fourteenth Amendment where the evidence presented by both the State and the Petitioner supported the defense that the Petitioner was wholly unaware that another person was injured but the trial court refused to instruct the jury that the Petitioner must have known of the injury in order to be found guilty. iii B. PARTIES INVOLVED The parties involved are identified in the style of the case. iv C.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-08-14
Waiver of right of respondent State of Florida to respond filed.
2018-08-06
Petition for a writ of certiorari filed. (Response due September 10, 2018)
2018-05-30
Application (17A1311) granted by Justice Thomas extending the time to file until August 6, 2018.
2018-05-23
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.

Attorneys

John Goodman
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
State of Florida
Richard Chambers ValuntasOffice of Attorney General, Respondent