Home -> Law Blog Directory -> Criminal Law Blogs -> JAABlog

Criminal Law

: JAABlog

CASES

By Jeffrey Ivashuk

Criminal law -- Post conviction relief -- Plea -- Withdrawal -- Failure to advise defendant of possible immigration and deportation consequences of plea -- Timeliness of claim -- Florida Supreme Court decision in State v. Green did not revive claims previously adjudicated on the merits, or unadjudicated claims that were unquestionably time-barred at time Green was announced -- Question certified: Whether a defendant may obtain the benefit of a new two-year window period under State v. Green, 944 So. 2d 208 (Fla. 2006), if the claimant received actual notice of a deportation proceeding more than two years before the motion to withdraw plea?     Reported at 33 Fla. L. Weekly D1843aCriminal law -- Sentencing -- Correction -- Credit for time served -- Waiver -- Plea -- Defendant waived credit for time served prior to initially being placed on probation by plea of admission to violation of probation in which defendant agreed to be awarded credit for time served from specific date -- There is no internal conflict of court's decisions regarding whether there is a waiver of credit for time served when a provision of the plea agreement states that credit is to be provided from a particular date     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on July 25, 2008 (boomark / email).