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Ohio S.C. on Padilla, Pre-Trial Diversion: State v. Kona

December 02, 2016 (1 min read)

State v. Kona, Nov. 21, 2016- "We hold that R.C. 2943.031(A) required the trial court to advise Kona that his admission of guilt made for purposes of entering into Cuyahoga County’s pretrial diversion program may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Because the trial court failed to give that advisement, and because Kona has sufficiently proved the elements of R.C. 2943.031(D), the trial court must vacate the dismissal of the case against Kona and vacate the admission of guilt that he executed as part of the pretrial-diversion program process. Accordingly, we reverse the judgment of the court of appeals and remand the cause to the trial court."

"Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed."