New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004 NMSC 36, 136 N.M. 533, 101 P.3d 799. Paredez...

New Mexico Supreme Court on Chaidez: Ramirez v. State

"In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client “must advise that client of the specific immigration consequences of pleading guilty” to pending charges. An attorney’s failure...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...