Legal Opinion

Hernandez v. State

Supreme Court of Florida

Decided November 21, 2012No. Nos. SC11-941, SC11-1357PublishedCited by 79 opinions

1Per curiam

This case is before the Court for review of the decision of the Third District Court of Appeal in Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011). In its decision, the Third District ruled upon the following questions, which it certified to be of great public importance:

1. DOES THE IMMIGRATION WARNING IN FLORIDA RULE OF CRIMINAL PROCEDURE 3.172(c)(8) BAR IMMIGRATION-BASED INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS BASED ON THE U.S. SUPREME COURT’S DECISION IN PADILLA v. KENTUCKY [559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) ]?

2. IF THE PRECEDING QUESTION IS ANSWERED IN THE…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  5. Witt v. StateSupreme Court of Florida · 1980

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3Cited by79 opinions

  1. Torres, Ex Parte ManuelCourt of Criminal Appeals of Texas · 2016
  2. Toye v. StateDistrict Court of Appeal of Florida · 2014
  3. State v. FavelaNew Mexico Court of Appeals · 2013
  4. Cano v. StateDistrict Court of Appeal of Florida · 2013
  5. Geter v. StateDistrict Court of Appeal of Florida · 2013

74 more not listed; retrieve them via the Exa API.

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