Smith v. United States AG, 983 F.3d 1206 (11th Cir. 2020)

Background:

The main issue in this case was to determine whether the offense of vehicular homicide in Florida qualifies as a "crime involving moral turpitude" (CIMT). Smith, who had been convicted under the vehicular homicide statute, argued against this classification.

Holding:

The court held that a conviction in Florida of vehicular homicide is categorically a crime involving moral turpitude. Consequently, Smith is removable under the relevant immigration statute, and his petition for review was denied. 

Key Cases and Statutes:

  • Gelin, 837 F.3d: Established that Florida's vehicular homicide statute is not "divisible", and discussed when the "modified categorical approach" should be applied to determine if a crime falls within the scope of a CIMT.
  • McCreary v. State, 371 So. 2d 1024: The Florida Supreme Court ruled that the mens rea (mental state) required for vehicular homicide under Florida law – recklessness – is more serious than simple negligence but less than culpable negligence. It also clarified the difference between "reckless" in vehicular homicide and "culpable" in manslaughter.
  • Luzardo v. State, 147 So. 3d 1083: Emphasized that vehicular homicide requires proof of the elements of reckless driving, which involves willful or wanton disregard for safety.
  • Fla. Stat. § 782.071: The vehicular homicide statute that defines the crime as a killing caused by the operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm.
  • Fla. Stat. § 316.192: Defines reckless driving as driving with willful or wanton disregard for the safety of persons or property.

Legal Implications:

The court found that vehicular homicide in Florida is a serious offense that involves a high degree of recklessness. Even though vehicular homicide in Florida requires a level of recklessness that is less serious than "culpable negligence" (as in manslaughter), it's still more serious than just a failure to use ordinary care. The fact that someone can be convicted of vehicular homicide means they acted in a way that was a major deviation from how a reasonable person would act, to the extent that it led to the death of another person. Because of its seriousness and the level of recklessness involved, the court decided that vehicular homicide is a crime that goes against society's moral values and standards. This means that if someone is convicted of vehicular homicide in Florida, they can be deported or removed from the U.S., based on immigration laws that target those who commit crimes of "moral turpitude".

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