STATE OF FLORIDA, PETITIONER,
v.
JOSEPH CASSEUS, RESPONDENT
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Florida Supreme Court quashed the Third District's reversal of a summary denial of a Rule 3.850 motion, holding that counsel's failure to advise a defendant of deportation consequences does not constitute ineffective assistance of counsel.
Counsel's failure to advise a client of the collateral consequence of deportation does not constitute ineffective assistance of counsel under Florida law.
[1] Counsel's failure to advise a defendant of deportation as a collateral consequence of a guilty plea does not constitute ineffective assistance of counsel.
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Join FLexlaw to unlock all legal intelligenceCasseus entered guilty pleas and later filed a Rule 3.850 motion claiming his counsel was ineffective for failing to inform him of possible deportatio…
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EHRLICH, Justice.
We have for review Casseus v. State, 508 So. 2d 1251 (Fla. 3d DCA 1987), because of conflict with our recent decision in State v. Ginebra, 511 So. 2d 960 (Fla.1987). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision below.
Relying on its decision in Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986), the district court below reversed the trial court’s summary denial of Casseus’ Florida Rule of Criminal Procedure 3.850 motion, finding that Casseus’ contentions, that his counsel was ineffective in failing to inform him of the possibility of deportation as a result of his guilty pleas and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from those pleas. 508 So. 2d at 1251. In State v. Ginebra, we recently quashed the third district’s decision in that case, holding that “counsel’s failure to advise his client of the collateral consequence of deportation does not constitute ineffective assistance of counsel.” 511 So. 2d at 962.
On the authority of our decision in Gine-bra, we quash the decision below and remand for proceedings consistent with this opinion.
It is so ordered.
McDonald, C.J., and OVERTON, GRIMES and KOGAN, JJ., concur. BARKETT, J., concurs in result only.
SHAW, J., dissents.
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Jackson v. State, 575 So. 2d 181 (Fla. 1991)…07 S.Ct. at 1688 n. 12. Cases that best illustrate the application of the Enmund/Tison rule include Tison itself, and cases in which this Court has applied Tison. See, e.g., DuBoise v. State, 520 So. 2d 260 (Fla.1988) (on rehearing); Diaz v. State, 513 So. 2d 1045 (Fla.1987), cert. denied, 484 U.S. 1079, 108 S.Ct. 1061, 98 L.Ed.2d 1022 (1988). In Tison, the defendants were Ricky Wayne Tison and Raymond Curtis Tison, two sons of Gary Tison. Gary was a convicted killer serving a life term for killing a prison…
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Blanco v. State, 706 So. 2d 7 (Fla. 1997)…9 (Fla.1994); Preston v. State, 607 So. 2d 404 (Fla.1992), cert. denied, 507 U.S. 999, 113 S.Ct. 1619, 123 L.Ed.2d 178 (1993); Watts v. State, 593 So. 2d 198 (Fla.), cert. denied, 505 U.S. 1210, 112 S.Ct. 3006, 120 L.Ed.2d 881 (1992); Diaz v. State, 513 So. 2d 1045 (Fla.1987), cert. denied, 484 U.S. 1079, 108 S.Ct. 1061, 98 L.Ed.2d 1022 (1988); Way v. State, 496 So. 2d 126 (Fla.1986); [*12] Brown v. State, 473 So. 2d 1260 (Fla.), cert. denied, 474 U.S. 1038, 106 S.Ct. 607, 88 L.Ed.2d 585 (1985); Clark v. State…
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Faunce Levon Pearce v. State, 880 So. 2d 561 (Fla. 2004)…o Franqui v. State, 804 So. 2d 1185, 1206 n. 12 (Fla.2001). While the trial court did not engage in a specific Enmund/Tison analysis in its sentencing order, the court did analyze the role of Pearce and his culpability in this crime. Diaz v. State, 513 So. 2d 1045, 1048 n. 2 (Fla.1987) (requiring trial courts to include in their sentencing orders findings supporting the Enmund/Tison culpability requirement). As explained in detail in the sentencing order and as supported by the evidence in this case, Pearce’s…
Previewing 3 of 33 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ginebra, 511 So. 2d 960 (Fla. 1987)
- Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986)
- Casseus v. State, 508 So. 2d 1251 (Fla. 3d DCA 1987)