Kissoon v. State

District Court of Appeal of Florida

Kissoon v. State

95 So. 3d 1001, 2012 WL 3589799, 2012 Fla. App. LEXIS 14002

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 2012

DocketNo. 2D12-83

StatusPublished

This text of 95 So. 3d 1001 (Kissoon v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kissoon v. State, 95 So. 3d 1001, 2012 WL 3589799, 2012 Fla. App. LEXIS 14002 (Fla. Ct. App. 2012).

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Opinion

BLACK, Judge.

Vivakanand Kissoon appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, we hold that Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in postconviction proceedings, and we certify to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

SHOULD THE RULING IN Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

Affirmed.

WHATLEY and MORRIS, JJ., Concur.

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BLACK, Judge.

Vivakanand Kissoon appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, we hold that Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in postconviction proceedings, and we certify to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

SHOULD THE RULING IN Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

Affirmed.

WHATLEY and MORRIS, JJ., Concur.

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Bluebook (online)

95 So. 3d 1001, 2012 WL 3589799, 2012 Fla. App. LEXIS 14002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kissoon-v-state-fladistctapp-2012.

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