Florida District Courts of Appeal, 2012

Louis v. State

Louis v. State
Florida District Courts of Appeal · Decided August 22, 2012 · Morris, Wallace, Whatley
95 So. 3d 1001; 2012 WL 3589798; 2012 Fla. App. LEXIS 14003 (Southern Reporter, Third Series)

Louis v. State

Opinion of the Court

WHATLEY, Judge.

Roger Louis appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, we hold that Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in post-conviction proceedings, and we certify to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

SHOULD THE RULING IN Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

Affirmed.

WALLACE and MORRIS, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.