Florida v. Rigterink , 176 L. Ed. 2d 175 ( 2010 )


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  •                   Cite as: 559 U. S. ____ (2010)             1
    STEVENS, J., dissenting
    SUPREME COURT OF THE UNITED STATES
    FLORIDA v. THOMAS WILLIAM RIGTERINK
    ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME
    COURT OF FLORIDA
    No. 08–1229. Decided March 1, 2010
    The motion of respondent for leave to proceed in forma
    pauperis and the petition for a writ of certiorari are
    granted. The judgment is vacated, and the case is re
    manded to the Supreme Court of Florida for further con
    sideration in light of Florida v. Powell, 559 U. S. ___
    (2010).
    JUSTICE STEVENS, dissenting.
    In my view, the judgment below rested upon an ade
    quate and independent state ground and the Court there
    fore lacks jurisdiction over this case. See Florida v. Pow
    ell, 559 U. S. ___, ___ (2010) (slip op., at 1–8) (STEVENS, J.,
    dissenting). Indeed, the independence of the state-law
    ground in this case is even clearer than in Powell because
    the Florida Supreme Court expressly acknowledged its
    obligation “ ‘to give independent legal import to every
    phrase and clause contained’ ” in the State Constitution, 
    2 So. 3d 221
    , 241 (2009) (quoting Traylor v. State, 
    596 So. 2d 957
    , 962 (Fla. 1992)), and stated that “the federal Consti
    tution sets the floor, not the ceiling, and this Court retains
    the ability to interpret the right against self-incrimination
    afforded by the Florida Constitution more broadly than
    that afforded by its federal counterpart,” 
    2 So. 3d, at 241
    .
    Because the independence of the state-law ground is “clear
    from the face of the opinion,” Michigan v. Long, 
    463 U. S. 1032
    , 1041 (1983), we do not have power to vacate the
    judgment of the Florida Supreme Court.
    I therefore respectfully dissent.
    

Document Info

Docket Number: 08-1229

Citation Numbers: 176 L. Ed. 2d 175, 2010 U.S. LEXIS 1904, 130 S. Ct. 1235, 559 U.S. 965

Judges: Stevens

Filed Date: 3/1/2010

Precedential Status: Relating-to orders

Modified Date: 8/1/2023