A bill making its way through the Florida legislature would push the state to the front of the anti-migrant pack if enacted. House Bill 9, titled the Rule of Law Adherence Act, bears the hallmarks of past attempts by other states to make life more difficult for migrants. If approved by the state’s Republican dominated legislature, Florida would rip the anti-migrant spotlight from Texas where its Senate Bill 4 is currently mired in litigation before the U.S. Court of Appeals for the Fifth Circuit. Introduced by Republican Larry Metz, Florida’s bill targets so-called sanctuary cities through [...]
Fla Supreme Ct: Padilla not retroactive; admonishment doesn’t cure bad advice
The Florida Supreme Court held that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), does not apply retroactively and that a trial court’s admonishment to a criminal defendant about the possible immigration repercussions of conviction doesn’t necessarily cure a defense attorney’s deficient performance. Hernandez v. State, No. SC 11-941 & SC 11-1357, slip op. (Fla. Nov. 21, 2012) (Polston, Lewis, Quince, Canady, Labarga, and Perry, JJ.; Pariente concurs). The court began by noting, without explanation, that Hernández’s conviction for sale of a controlled substance constitutes a controlled [...]