Legal Opinion

Zamora v. State

District Court of Appeal of Florida

Decided August 8, 2012No. 1D12-1285PublishedCited by 2 opinions

1Opinion of the CourtMakar, J.

This case involves the question of whether the United States Supreme Court’s decision in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) should be retroactively applied. Although courts around the country are split on the matter, each of the other four district courts of appeal in Florida has concluded that Padilla is not retroactive in application. See Smith v. State, 85 So.3d 551 (Fla. 4th DCA 2012); Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011); Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011) (certifying question), rev. granted, 81 So.3d 414…

2Cases cited8 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Hernandez v. StateDistrict Court of Appeal of Florida · 2011
  3. Chaidez v. United StatesCourt of Appeals for the Seventh Circuit · 2011
  4. Barrios-Cruz v. StateDistrict Court of Appeal of Florida · 2011
  5. Smith v. StateDistrict Court of Appeal of Florida · 2012

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3Cited by2 opinions

  1. Geter v. StateDistrict Court of Appeal of Florida · 2012
  2. Ortiz v. StateDistrict Court of Appeal of Florida · 2012

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