STATE OF FLORIDA, APPELLANT,
v.
MOHAMMED SHARIQUE SHAIKH, APPELLEE
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Florida appellate court reversed a trial court's grant of post-conviction relief based on Padilla v. Kentucky, holding that Padilla does not apply retroactively to pleas entered before the decision was issued.
Padilla v. Kentucky does not apply retroactively to pleas entered before the Supreme Court's decision was handed down.
[1] Padilla v. …
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Join FLexlaw to unlock all legal intelligenceMohammed Sharique Shaikh entered a nolo contendere plea to violation of a domestic violence injunction on October 29, 2007. He filed a third post-conv…
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The State seeks reversal of an order granting the motion of the appellee, Mohammed Sharique Shaikh, for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Mr. Shaikh’s motion, his third, was based on the opinion of the United States Supreme Court in Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), concerning the consequences of inadequate legal advice in connection with the risk of deportation at the time of the entry of a plea. The trial court found that his nolo contendere plea to violation of a domestic violence injunction was involuntary because of the purportedly erroneous advice given to him by his attorney. We reverse.
Mr. Shaikh’s plea was entered on October 29, 2007, well before Padilla was handed down. We agree with that part of the decision of our sister court in the third district in Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), holding that Padilla should not be applied retroactively. As Mr. Shaikh is not entitled to relief on his claim, we reverse the order granting post-conviction relief and remand to the trial court to reinstate the judgment and sentence in case number 48-2007-CF-5935.
REVERSED and REMANDED with instructions.
MONACO, C.J., and LAWSON and JACOBUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Hernandez v. State, 124 So. 3d 757 (Fla. 2012)…ision in Padilla, however, we recede from our holding in Ginebra. . The Second, Fourth, and Fifth Districts have also held that Padilla should not be applied retroactively. See Rodriguez v. State, 75 So. 3d 391 (Fla. 4th DCA 2011); State v. Shaikh, 65 So. 3d 539 (Fla. 5th DCA 2011); Barrios-Cruz v. State, 63 So. 3d 868 (Fla. 2d DCA 2011).…
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Drewery Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012)…Florida District Court of Appeal has held that Padilla does not have retroactive application. See Zamora v. State, 112 So. 3d 112, (Fla. 1st DCA 2012); Smith v. State, 85 So. 3d 551 (Fla. 4th DCA 2012); Barrios-Cruz, 63 So. 3d 868; State v. Shaikh, 65 So. 3d 539 (Fla. 5th DCA 2011). Thus, similarly to Apprendi and Padilla, the Miller “decision constitutes an evolutionary refinement designed to correspond to new developments in an ever-changing area of law.” Barrios-Cruz, 63 So. 3d at 872; Hughes, 901 So. 2d…
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Castano v. State, 65 So. 3d 546 (Fla. 5th DCA 2011)…61 So. 3d 1144 (Fla. 3d DCA 2011). Another aspect of this case is that Castaño entered her plea on March 4, 2009, and Padilla was decided March 31, 2010. We have previously held that Padilla should not be applied retroactively. See State v. Shaikh, 65 So. 3d 539 (Fla. 5th DCA 2011). We agree with the Third District Court of Appeal that the question whether Padilla should be applied retroactively is one of great public importance and we certify to the Florida Supreme Court that question pursuant to Florida R…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
- Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011)