James E.C. Perry

This case concerned a prisoner's pro se petition for a writ of habeas corpus seeking immediate release from custody based on credits for time served, which the trial court sua sponte dismissed for failure to allege exhaustion of administrative remedies with the Department of Corrections. The Florida Supreme Court held that such a petition may not be dismissed on exhaustion grounds where that issue was not raised by the parties. The core reasoning was that the writ of habeas corpus serves as a fundamental safeguard to test the legality of detention, and a court may not introduce an unraised affirmative defense or technical pleading defect to dismiss it without input from the parties.

criminal lawprocedure

The case concerned whether the federal Graves Amendment, 49 U.S.C. § 30106, preempts Florida Statute section 324.021(9)(b)2, which imposes vicarious liability on short-term motor vehicle lessors for harm caused by lessees. Rafael Vargas sued Enterprise Leasing after an accident involving a rented vehicle, seeking to hold the company liable under the state statute even though Enterprise was not alleged to be negligent. The Florida Supreme Court answered the certified question in the affirmative, holding that the Graves Amendment preempts the Florida provision and affirming summary judgment for Enterprise. The majority reasoned that the Graves Amendment's preemption clause bars owner liability based solely on ownership during a rental period, and section 324.021(9)(b)2 does not qualify for the savings clause because it is a vicarious liability rule rather than a financial responsibility or insurance requirement tied to vehicle registration or operation.

federal powertorts & liabilitybusiness & regulatory

In Jardines v. State, police received an anonymous tip about marijuana growing at a residence, approached the home without a warrant, and used a drug-detection dog to sniff the front door, leading to discovery of plants inside and the defendant's arrest. The Florida Supreme Court held that the warrantless dog sniff at a private home constituted a search under the Fourth Amendment, requiring probable cause rather than reasonable suspicion, and therefore quashed the district court's reversal of the trial court's suppression order. The court reasoned that the procedure was highly intrusive, involving multiple officers and vehicles in a public spectacle that could humiliate the resident and invite arbitrary enforcement, and that Supreme Court precedent demands probable cause for home searches absent special needs. It distinguished vehicle or luggage sniffs and emphasized the sanctity of the home.

criminal lawcivil rights

In Johnson v. State, a Florida death row inmate appealed the denial of his second successive postconviction motion following an evidentiary hearing, based on newly disclosed evidence of prosecutorial misconduct. The court found that after Johnson's arrest and appointment of counsel, the State intentionally induced him to make incriminating statements to a jailhouse informant, making the informant's testimony inadmissible under United States v. Henry, and that the original prosecutor knowingly used false testimony and misleading argument to secure its admission at the 1988 trial. Because the State failed to show this error did not contribute to the jury's advisory death sentences, the court vacated the death sentences under Giglio v. United States and remanded for a new penalty phase before a new jury.

criminal lawprocedure