Oprisko v. Dir. of the Dep't of Corr.

OPINION BY JUSTICE S. BERNARD GOODWYN

In this appeal, we consider whether the habeas court erred in determining that the *741 rule announced by the Supreme Court of the United States in Florida v. Jardines , 569 U.S. 1 , 133 S.Ct. 1409 , 185 L.Ed.2d 495 (2013) -that use of a drug-sniffing dog on a homeowner's porch constitutes a search within the meaning of the Fourth Amendment of the United States Constitution-does not apply retroactively to a conviction finalized prior to Jardines . We also consider whether the habeas court abused its discretion by denying a plenary hearing.

BACKGROUND

On July 9,…