Legal Opinion

Moore v. State

District Court of Appeal of Florida

Decided April 24, 2013No. 4D12-4350PublishedCited by 6 opinions

1Per curiam

We affirm the trial court’s denial of appellant’s untimely motion for postconviction relief which attempted to challenge his 1996 conviction. Lafler v. Cooper, — U.S. -, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and Missouri v. Frye, — U.S. -, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012), did not create any new fundamental constitutional right, and these decisions do not provide any exception to the time limitation for seeking postconviction relief. Fla. R.Crim. P. 3.850(b)(2); Simmons v. State, 104 So.3d 1185 (Fla. 1st DCA 2012).

Affirmed.

WARNER, STEVENSON and GROSS, JJ., concur.

2Cases cited3 opinions

  1. Lafler v. CooperSupreme Court of the United States · 2012
  2. Missouri v. FryeSupreme Court of the United States · 2012
  3. Simmons v. StateDistrict Court of Appeal of Florida · 2012

3Cited by6 opinions

  1. David Moore, Jr. v. StateDistrict Court of Appeal of Florida · 2014
  2. Gaschler v. StateDistrict Court of Appeal of Florida · 2013
  3. Gonzalez v. StateDistrict Court of Appeal of Florida · 2014
  4. Ortiz-Olivo v. StateDistrict Court of Appeal of Florida · 2013
  5. Phillips v. StateDistrict Court of Appeal of Florida · 2013

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