Marescot v. State
94 So. 3d 721, 2012 WL 3537821, 2012 Fla. App. LEXIS 13691
Opinion
Ted Kalim Marescot appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. The postcon-[722]*722viction 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.
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Marescot v. State, 94 So. 3d 721, 2012 WL 3537821, 2012 Fla. App. LEXIS 13691 (Fla. Ct. App. 2012).
94 So. 3d 721 (Marescot v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Padilla v. Kentucky
559 U.S. 356 (Supreme Court, 2010)
Barrios-Cruz v. State
63 So. 3d 868 (District Court of Appeal of Florida, 2011)