GREGORY MORAILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORY MORAILLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
98 So. 3d 725
Florida District Court of Appeal, Second District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
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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Robert E. Banks v. Jones, 232 So. 3d 963 (Fla. 2017)…due the Executive Branch ... we recede from prior decisions of this court which hold that challenges to Close Management housing assignments may be asserted by petition for writ of habeas corpus.” Banks, 197 So. 3d at 1155 (citing Magwood v. Tucker, 98 So. 3d 725 (Fla. 1st DCA 2012); Kendrick v. McNeil, 6 So. 3d 657 (Fla. 1st DCA 2009); Thompson v. Dugger, 509 So. 2d 391, 392 (Fla. 1st DCA 1987)). The First District certified conflict with Holland.2 Banks sought review in this Court, which we granted. MOOT…
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)