Moraille v. State

District Court of Appeal of Florida

Moraille v. State

98 So. 3d 725, 2012 WL 4748163, 2012 Fla. App. LEXIS 17013

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 2012

DocketNo. 2D12-393

StatusPublished

This text of 98 So. 3d 725 (Moraille 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

Moraille v. State, 98 So. 3d 725, 2012 WL 4748163, 2012 Fla. App. LEXIS 17013 (Fla. Ct. App. 2012).

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Opinion

KHOUZAM, Judge.

Gregory Moraille appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction 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 postconviction 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.

CRENSHAW and MORRIS, JJ., Concur.

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KHOUZAM, Judge.

Gregory Moraille appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction 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 postconviction 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.

CRENSHAW and MORRIS, JJ., Concur.

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Bluebook (online)

98 So. 3d 725, 2012 WL 4748163, 2012 Fla. App. LEXIS 17013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moraille-v-state-fladistctapp-2012.

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