Denisyuk v. State, ___ Md. App. ___, ___, ___ A.2d ___ (Md. Ct. App. Oct. 25, 2011) (Padilla v. Kentucky, 130 S. Ct. 1473 (2010), applies retroactively to convictions entered after April 1, 1997: where a decision has applied settled precedent to new and different factual situations, the decision always applies retroactively, and it is only where a new rule constitutes a clear break with the past that the question of prospective only application arises.); quoting Potts v. State, 479 A.2d 1335, 1340 (Md. 1984)).
jurisdiction:
Other