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Notable Cases

The following are some recent opinions in cases handled by attorney H. Manuel Hernández.

U.S. v. Carlos Lopez-Diaz , 13-2118 (Opinion: REVERSED  (HEALTH-CARE FRAUD) “We therefore vacate Carlos’s convictions and remand for a judgment of acquittal of Carlos on all counts.”)
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Florida Supreme Court Argument case: Vergara Castaño v. State, SC11-1571. Opinion. “In Castaño v. State, 65 So. 3d 546 (Fla. 5th DCA 2011), the Fifth District Court of Appeal affirmed the denial of Claudia Vergara Castagno’s postconviction motion. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. In this timely filed initial postconviction motion, Castaño raised the same claim raised in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), which held that defense counsel was deficient for failing to advise his client of mandatory deportation consequences for pleading guilty. Castaño’s postconviction proceeding was pending when the United States Supreme Court issued Padilla. Therefore, although we held that Padilla does not apply retroactively in Hernández v. State, Nos. SC11-941 & SC11-1357 (Fla. Nov. 21, 2012), Padilla does apply to Castaño’s pending case. On that basis, we quash the Fifth District’s decision and remand for further proceedings.”
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Vergara-Castaño v. State, 5D15-691 Opinion filed April 1, 2016, “reversed and remanded with instructions.”

 

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