Supreme Court of the United States
Bunkley v. Florida
May 27, 2003538 U.S. 835
Summary
The Court vacated and remanded, holding that under Fiore v. White, the Florida Supreme Court must determine if the 'common pocketknife' exception covered Bunkley's knife at the time his conviction became final. The Court explained that due process forbids conviction for conduct not criminal under then-existing law, and the state court failed to clarify what the law was in 1989. Justice Rehnquist, dissenting, argued the Court made new law without briefing and improperly expanded Fiore to interfere with state finality.