S.Ct. Cal. on Ineffective Assistance: People v. Patterson

People v. Patterson, Mar. 27, 2017 - "Patterson argues that the prosecution cannot allege in good faith that he would have accepted the plea bargain even if he was aware of its immigration consequences because they have not proffered facts tending to show that such was the case, but the prosecution cannot come forward with such facts if trial counsel is unwilling to submit a declaration. The question whether Patterson would have rejected the proffered plea bargain if he had been aware of its effect on his deportation status thus may require resolution at a hearing at which trial counsel, and perhaps Patterson himself, can offer testimony that may be assessed by the trial court. The trial court may, in its discretion, elect to consolidate the habeas corpus proceedings with the motion to withdraw the guilty plea, and to resolve both matters in a single evidentiary hearing. We reverse the judgment of the Court of Appeal. The Court of Appeal is directed to remand the matter to the trial court for further proceedings consistent with this opinion. In a separate order to be filed when this matter becomes final, we will transfer the original habeas corpus petition filed in this court to the superior court for further proceedings consistent with this opinion."

[Hats off to Holly Cooper, Aldo Martinez Gomez, Hope Louise Alley, AJ Kutchins, Norton Tooby and Rose Cahn!]