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17 Florida opinions name it 2 courts 1999–2014 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Greengreen2 sentences2011See, e.g., Green, 944 So.2d at 219 ; State v. Gonzalez, 787 So.2d 917 (Fla. 3d DCA 2001) (reversing trial court’s summary grant of post-conviction relief where “defendant was not prejudiced by trial court’s failure to specifically inform him that his plea may subject him to deportation” where the plea agreement provided this information, defendant read the agreement, and trial court during plea colloquy established that defendant entered into plea freely and with understanding of plea agreement); Joseph v. State, 782 So.2d 895, 896 (Fla. 2d DCA 2001) (“A plea form containing the deportation wa 2010Although we are reversing and remanding for the postconviction court to consider Ramos’s motion on the merits, we note that in Green , the court discussed a further requirement for defendants that they must state how they will prove that the deportation warning was not given and that “[i]n the normal case, this will require the defendant to allege that a hearing *403 transcript will demonstrate a violation of rule 8.172(c)(8).” 944 So.2d at 218 . | 2 | 3 |
Hernandez v. Stategreen2 sentences2014It is true, of course, that Padilla v. Kentucky, 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), requires defense counsel to “provide more than equivocal advice” concerning deportation consequences of a guilty plea where such consequences are “truly clear.” Hernandez v. State, 124 So.3d 757, 763 (Fla.2012). 2014See Hernandez v. State, 124 So.3d 757, 763 (Fla.2012). | 2 | 2 |
Flores v. Stategreen2 sentences2012We affirm based on Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), wherein this Court: (a) citing Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), found that the trial court’s deportation warning under Florida Rule of Criminal Procedure 3.172(c)(8) did not cure the prejudice arising from defense counsel’s failure to warn that accepting a plea would result in the defendant’s mandatory deportation; (b) certified conflict with Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010) on this legal question; and (c) found that Padilla had no retroactive effect and thus did not 2011We affirm based on Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), wherein this Court: (a) citing Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), found that the trial court’s deportation warning under Florida Rule of Criminal Procedure 3.172(c)(8) did not cure the prejudice arising from defense counsel’s failure to warn that accepting a plea would result in the defendant’s mandatory deportation; (b) certified conflict with Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010) on this legal question; and (c) found that Padilla had no retroactive effect and thus did not | 1 | 6 |
Heuton v. Stategreen2 sentences2012We affirm based on Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), wherein this Court: (a) citing Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), found that the trial court’s deportation warning under Florida Rule of Criminal Procedure 3.172(c)(8) did not cure the prejudice arising from defense counsel’s failure to warn that accepting a plea would result in the defendant’s mandatory deportation; (b) certified conflict with Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010) on this legal question; and (c) found that Padilla had no retroactive effect and thus did not 2012As established in O’Neill v. State, — So.3d —(Fla. 2d DCA 2012), we aligned ourselves with the Third District’s decision in Hernandez, 61 So.3d at 1151 , and held that the deportation warning required by rule 3.172(c)(8) does not cure the prejudice resulting from counsel’s failure to perform the duties mandated by Padilla . | 1 | 3 |
Brown v. Stategreen1 sentence2012Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010); accord Castano v. State, 65 So.3d 546, 547-48 (Fla. 5th DCA 2011), review granted, 81 So.3d 413 (Fla.2012); Batista v. State, 90 So.3d 373 (Fla. 1st DCA 2012). | 1 | 1 |
Kendrick v. Stategreen1 sentence2012See Hernandez v. State, 61 So.3d 1144, 1151 (Fla. 3d DCA 2011), review granted, 81 So.3d 414 (Fla.2012). | 1 | 1 |
Castano v. Stategreen1 sentence2012Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010); accord Castano v. State, 65 So.3d 546, 547-48 (Fla. 5th DCA 2011), review granted, 81 So.3d 413 (Fla.2012); Batista v. State, 90 So.3d 373 (Fla. 1st DCA 2012). | 1 | 1 |
Joseph v. Stategreen1 sentence2011See, e.g., Green, 944 So.2d at 219 ; State v. Gonzalez, 787 So.2d 917 (Fla. 3d DCA 2001) (reversing trial court’s summary grant of post-conviction relief where “defendant was not prejudiced by trial court’s failure to specifically inform him that his plea may subject him to deportation” where the plea agreement provided this information, defendant read the agreement, and trial court during plea colloquy established that defendant entered into plea freely and with understanding of plea agreement); Joseph v. State, 782 So.2d 895, 896 (Fla. 2d DCA 2001) (“A plea form containing the deportation wa | 1 | 1 |
Hen Lin Lu v. Stategreen2 sentences2001See Hen Lin Lu v. State, 683 So.2d 1110 (Fla. 4th DCA 1996). 2001See id. at 1111-12 ; Hinds v. State, 726 So.2d 812 (Fla. 5th DCA 1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Padilla v. Kentucky
green
2 sentences2012We affirm based on Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), wherein this Court: (a) citing Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), found that the trial court’s deportation warning under Florida Rule of Criminal Procedure 3.172(c)(8) did not cure the prejudice arising from defense counsel’s failure to warn that accepting a plea would result in the defendant’s mandatory deportation; (b) certified conflict with Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010) on this legal question; and (c) found that Padilla had no retroactive effect and thus did not 2012We affirm based on Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), wherein this Court: (a) citing Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), found that the trial court’s deportation warning under Florida Rule of Criminal Procedure 3.172(c)(8) did not cure the prejudice arising from defense counsel’s failure to warn that accepting a plea would result in the defendant’s mandatory deportation; (b) certified conflict with Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010) on this legal question; and (c) found that Padilla had no retroactive effect and thus did not | 3 | 2011–2014 |
Hinds v. State
green
2 sentences2002Id. at 813 . 2001See id. at 1111-12 ; Hinds v. State, 726 So.2d 812 (Fla. 5th DCA 1999). | 2 | 2001–2002 |
Immigration & Naturalization Service v. Lopez-Mendoza
green
2 sentences2000As the Court noted, Lopez-Mendoza neither objected to nor sought the suppression of evidence: "At his deportation hearing Lopez-Mendoza objected only to the fact that he had been summoned to a deportation hearing following an unlawful arrest; he entered no objection to the evidence offered against him." Lopez-Mendoza, *87 468 U.S. at 1040 , 104 S.Ct. 3479 . 2000As the Court noted, Lopez-Mendoza neither objected to nor sought the suppression of evidence: "At his deportation hearing Lopez-Mendoza objected only to the fact that he had been summoned to a deportation hearing following an unlawful arrest; he entered no objection to the evidence offered against him." Lopez-Mendoza, *87 468 U.S. at 1040 , 104 S.Ct. 3479 . | 2 | 1999–2000 |
Oropesa v. State
neutral
1 sentence2013Hernandez v. State, — So.3d-(Fla. 2012); Oropesa v. State, 104 So.3d 1183 (Fla. 2d DCA 2012). | 1 | 2013–2013 |
Thomas v. State
neutral
1 sentence2012Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010); accord Castano v. State, 65 So.3d 546, 547-48 (Fla. 5th DCA 2011), review granted, 81 So.3d 413 (Fla.2012); Batista v. State, 90 So.3d 373 (Fla. 1st DCA 2012). | 1 | 2012–2012 |
State v. Gonzalez
green
1 sentence2011See, e.g., Green, 944 So.2d at 219 ; State v. Gonzalez, 787 So.2d 917 (Fla. 3d DCA 2001) (reversing trial court’s summary grant of post-conviction relief where “defendant was not prejudiced by trial court’s failure to specifically inform him that his plea may subject him to deportation” where the plea agreement provided this information, defendant read the agreement, and trial court during plea colloquy established that defendant entered into plea freely and with understanding of plea agreement); Joseph v. State, 782 So.2d 895, 896 (Fla. 2d DCA 2001) (“A plea form containing the deportation wa | 1 | 2011–2011 |
Frisbie v. Collins
green
1 sentence1999The essential issue in Lopez-Mendoza was whether he could be "summoned to a deportation hearing following an unlawful arrest." Id. at 1040 , 104 S.Ct. 3479 . | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.