MICHEL ESCARMENT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michel Escarment appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied Esearment’s motion as untimely. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, 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 to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):
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.
DAVIS and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Janine Santiago v. Mier Abramovitz, 96 So. 3d 1091 (Fla. 4th DCA 2012)…the defendant for the loss, injury or damage as shown by the greater weight of the evidence to have been caused by the defendant. (emphasis added). We agree with the plaintiff and reverse for a new trial on damages. See, e.g., Martin v. Brubaker, 87 So. 3d 797, 798-99 (Fla. 2d DCA 2012) (“[T]he failure to award at least the costs of the initial medical evaluations as damages was against the manifest weight of the evidence.”); Hartsfield v. Orlando Reg’l Med. Ctr., Inc., 522 So. 2d 66, 68 (Fla. 5th DCA 198…
Authorities Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
- Edilberto Barrios-Cruz v. State, 63 So. 3d 868 (Fla. 2d DCA 2011)