Melvee Tucker v. Dept. of Corrections

Although I concur in the majority opinion, I write separately to note, additionally, that it would make no difference if Tucker’s appeal had taken place after the Florida Supreme Court announced that it possesses jurisdiction to consider issues beyond the one presented by the certified question. See Feller v. State, 637 So.2d 911, 914 (Fla.1994) (“Having jurisdiction on the basis of the certified questions, we have jurisdiction over all issues.”). The exhaustion inquiry under O’Sullivan v. Boerckel requires us to look only to what occurred (or failed to occur) in the course of the “standard…