State v. Green

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that motion to withdraw plea on grounds that trial court did not advise of possibility of deportation will be held to same two-year time constraint as other postconviction motions to vacate sentences
• allowing defendants whose cases are final \two years from the date of this opinion in which to file a motion comporting with the standards adopted today\
• listing the full set of pleading requirements for a claim of ineffective assistance of counsel under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010)
• giving defendants whose cases are already final two years from the date of the opinion (October 26, 2006 to October 26, 2008) to file a Rule 3.850 motion claiming the failure to warn of deportation consequences of a guilty plea
• The trial court has the discretion of denying a motion to vacate if the defendant does not have conclusive proof that he was not informed of the possibility of deportation.
• receding from a prior decision based on its “unintended consequences”

Source: CourtListener parenthetical corpus (CC0).

Cited by

129 cases in this archive cite this case; the 20 most cited are listed.

• Hernandez v. State
  District Court of Appeal of Florida· 2011-04-06· cited 191×
• Valdes v. State
  Supreme Court of Florida· 2009-01-30· cited 135×
• Hernandez v. State
  Supreme Court of Florida· 2012-11-21· cited 86×
• Ferguson Ex Rel. Ferguson v. Secretary for the Department of Corrections
  Eleventh Circuit· 2009-08-26· cited 72×
• Barrios-Cruz v. State
  District Court of Appeal of Florida· 2011-06-10· cited 68×
• Ey v. State
  Supreme Court of Florida· 2008-02-28· cited 33×
• Forrest v. State
  District Court of Appeal of Florida· 2008-07-09· cited 32×
• State v. Sturdivant
  Supreme Court of Florida· 2012-02-23· cited 32×
• Westgate Miami Beach, Ltd. v. Newport Operating Corp.
  Supreme Court of Florida· 2010-12-16· cited 31×
• Chames v. DeMayo
  Supreme Court of Florida· 2007-12-20· cited 30×
• Wachovia Ins. Services, Inc. v. Toomey
  Supreme Court of Florida· 2008-09-29· cited 28×
• Kopsho v. State
  Supreme Court of Florida· 2012-03-01· cited 27×
• Gusow v. State
  District Court of Appeal of Florida· 2009-04-01· cited 18×
• State v. Freijo
  District Court of Appeal of Florida· 2008-07-23· cited 18×
• Chandler v. State
  District Court of Appeal of Florida· 2009-01-14· cited 14×
• Marrero v. State
  District Court of Appeal of Florida· 2007-08-31· cited 13×
• Dumenigo v. State
  District Court of Appeal of Florida· 2008-08-13· cited 12×
• Buton v. State
  District Court of Appeal of Florida· 2008-12-03· cited 10×
• Marshall v. State
  District Court of Appeal of Florida· 2008-06-04· cited 9×
• Smith v. State
  District Court of Appeal of Florida· 2012-04-11· cited 9×

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

• Hill v. Lockhart
  Supreme Court· 1985-11-18· cited 11,299×
• Baker v. State
  Supreme Court of Florida· 2004-03-11· cited 1,190×
• State v. Gray
  Supreme Court of Florida· 1995-05-04· cited 232×
• Wood v. State
  Supreme Court of Florida· 1999-05-27· cited 170×
• Nelson v. State
  Supreme Court of Florida· 2004-06-03· cited 169×
• Peart v. State
  Supreme Court of Florida· 2000-04-13· cited 141×
• Grosvenor v. State
  Supreme Court of Florida· 2004-03-25· cited 113×
• Gaskin v. State
  Supreme Court of Florida· 1999-07-01· cited 105×
• McCrae v. State
  Supreme Court of Florida· 1983-09-15· cited 94×
• Allstate Indem. Co. v. Ruiz
  Supreme Court of Florida· 2005-04-07· cited 77×
• Peart v. State
  District Court of Appeal of Florida· 1998-02-18· cited 47×
• In Re Amendments to Florida Rules of Criminal Procedure
  Supreme Court of Florida· 1988-12-30· cited 37×
• Florida Bar re Amendment to Rules of Criminal Procedure
  Supreme Court of Florida· 1984-11-30· cited 27×
• Kindelan v. State
  District Court of Appeal of Florida· 2001-03-14· cited 18×
• Ghanavati v. State
  District Court of Appeal of Florida· 2002-06-12· cited 18×
• Saldana v. State
  District Court of Appeal of Florida· 2001-06-06· cited 16×
• Provenzano v. State
  Supreme Court of Florida· 1999-09-23· cited 12×
• Curiel v. State
  District Court of Appeal of Florida· 2001-09-19· cited 7×
• Alfaro v. State
  District Court of Appeal of Florida· 2002-10-22· cited 4×
• Green v. State
  District Court of Appeal of Florida· 2005-01-26· cited 4×