Heuton v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011).

Heuton v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011). Cases Citing This Book View Copy Cite

green Positive treatment 37.5 score

218 citation events (218 in the last 25 years) across 6 distinct courts.

Strongest positive: Toye v. State (fladistctapp, 2014-01-22) · Strongest negative: Santiago v. State (fladistctapp, 2011-07-01)

Treatment trajectory · 2011 → 2026 · click a year to view as-of

2011 2018 2026

Top citers, strongest first. 50 distinct citers.

discussed Cited "but see" Santiago v. State

Fla. Dist. Ct. App. · 2011 · signal: but see · confidence high

But see Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011) (certifying conflict with Flores and finding that Padilla rendered Florida’s existing standard deportation warning that plea “may” subject defendant to deportation to be constitutionally deficient in cases where automatic deportability is “truly clear,” non-discretionary consequence).

discussed Cited as authority (rule) Toye v. State

Fla. Dist. Ct. App. · 2014 · confidence medium

Geter quoted the Third District's previous retroactivity analysis of Padilla v. Kentucky, 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), but added the requirement that miscarriages of justice requiring retroactive application can only apply to "substantive criminal law.” 115 So.3d at 378-79 (quoting Hernandez v. State, 61 So.3d 1144, 1150 (Fla. 3d DCA 2011)).

examined Cited as authority (rule) Hernandez v. State (3×) also: Cited "see"

Fla. · 2012 · confidence medium

Hernandez v. State, 61 So.3d at 1146-47 (footnote omitted).

examined Cited as authority (rule) Geter v. State (3×) also: Cited "see"

Fla. Dist. Ct. App. · 2012 · confidence medium

Accordingly, “[t]o determine whether a new rule applies retroactively to final cases in postconviction proceedings, ... courts in Florida conduct a retroactivity analysis under Witt v. State, 387 So.2d 922 (Fla.1980).” Hernandez, 61 So.3d at 1150 (citation omitted); see also State v. Fleming, 61 So.3d 399, 403 (Fla.2011).

discussed Cited as authority (rule) Alvarez v. State

Fla. Dist. Ct. App. · 2012 · confidence medium

See Smith v. State, 85 So.3d 551 (Fla. 4th DCA 2012); McCalla v. State, 77 So.3d 845 (Fla. 4th DCA 2012); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011), Hernandez v. State, 61 So.3d 1144, 1151 (Fla. 3d DCA 2011); State v. Green, 944 So.2d 208 (Fla.2006).

discussed Cited as authority (rule) Cisneros v. State

Fla. Dist. Ct. App. · 2012 · confidence medium

As in Flores , we note that this decision expressly and directly conflicts with Hernandez v. State, 61 So.3d 1144, 1145 (Fla. 3d DCA 2011), review granted, 81 So.3d 414 (Fla.2012), in which the third district held that Padilla rendered Florida’s existing standard deportation warning “constitutionally deficient” under its circumstances.

discussed Cited as authority (rule) Smith v. State

Fla. Dist. Ct. App. · 2012 · confidence medium

In denying Smith’s motion in its entirety, the postconviction court simply found that Smith’s sentence became final in February 2010 and that Padilla does not apply retroactively; i.e., it “does not apply to Florida defendants whose convictions already were final as of March 31, 2010, when that case was decided.” Hernandez v. State, 61 So.3d 1144, 1151 (Fla. 3d DCA 2011).

cited Cited as authority (rule) Smith v. State

Fla. Dist. Ct. App. · 2012 · confidence medium

Hernandez v. State, 61 So.3d 1144, 1151 (Fla. 3d DCA 2011).

cited Cited "see" Macharia v. State

Fla. Dist. Ct. App. · 2018 · signal: see · confidence high

See Padilla v. Kentucky , 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010) and Hernandez v. State , 61 So.3d 1144 (Fla. 3d DCA 2011).

discussed Cited "see" Fernandez-Balart v. State

Fla. Dist. Ct. App. · 2013 · signal: see · confidence high

See Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), approved, — So.3d - (Fla. 2012); see also Chaidez v. U.S., 133 S.Ct. 1103 (2013) (confirming that Padilla v. Kentucky, 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), does not apply retroactively).

cited Cited "see" Monte v. State