Litchmore v. State

District Court of Appeal of Florida

Litchmore v. State

96 So. 3d 1157, 2012 WL 4039725, 2012 Fla. App. LEXIS 15438

CourtDistrict Court of Appeal of Florida

DecidedSeptember 14, 2012

DocketNo. 2D12-800

StatusPublished

This text of 96 So. 3d 1157 (Litchmore 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

Litchmore v. State, 96 So. 3d 1157, 2012 WL 4039725, 2012 Fla. App. LEXIS 15438 (Fla. Ct. App. 2012).

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Opinion

KHOUZAM, Judge.

Anthony Litchmore appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did in Barrios-Cruz, we hold that Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in post-conviction proceedings, and we certify the following question of great public importance:

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.

ALTENBERND and MORRIS, JJ„ Concur.

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KHOUZAM, Judge.

Anthony Litchmore appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did in Barrios-Cruz, we hold that Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in post-conviction proceedings, and we certify the following question of great public importance:

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.

ALTENBERND and MORRIS, JJ„ Concur.

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Bluebook (online)

96 So. 3d 1157, 2012 WL 4039725, 2012 Fla. App. LEXIS 15438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/litchmore-v-state-fladistctapp-2012.

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