LexisNexis® Legal Newsroom
Padilla victory in Texas: Elizondo-Vasquez v. State

"[I]n light of clear and consistent evidence that Vasquez would not have pled guilty but for the deficient advice, we must likewise hold that due to counsel’s ineffective assistance, the plea was involuntary. We reverse the case and remand to the trial court for further proceedings."...

Unpublished Padilla retroactivity victory in Texas: Carpio-Cruz

"Juan Carpio-Cruz filed a petition for writ of habeas corpus, asserting that he was not told that pleading guilty to a drug offense would cause him to be deported. The trial court granted habeas relief, and the State appeals. We affirm." - Ex parte: Juan Carpio-Cruz, Nov. 9, 2011 . [Hats off...

Tenacious lawyers, Supreme Court ruling help free Texas immigrant

"Naz's attorneys kept searching for ways to keep him from being deported, eventually deciding to challenge the original drug conviction. Eventually, a Cook County district attorney agreed to reopen the case when Naz's attorneys cited a 2009 Supreme Court ruling that defense attorneys...

Is Padilla Retroactive? One Texas Court Says Yes

"We conclude that Olvera met his burden to show a reasonable probability that, but for his counsel's erroneous advice, he would not have pleaded guilty and would have insisted on going to trial. ... We also conclude that Padilla and Martinez apply retroactively to the time of the guilty plea...

After Chaidez, Padilla Not Retroactive in Texas: Ex Parte De Los Reyes

"Applicant below, Joel De Los Reyes, filed an application for writ of habeas corpus, in which he alleged that he received ineffective assistance of counsel because his trial counsel failed to advise Applicant that he was almost certainly subject to deportation after he pled guilty to a second crime...

TX Ct. Crim. App. Extends Padilla Coverage: Ex Parte Aguilar

Ex Parte Aguilar, Sept. 20, 2017 - "[W]hen a conviction automatically triggers a loss of status which, in turn, renders a defendant presumptively removable, Padilla applies. ... [P]lea counsel negotiated a plea agreement for a state-jail felony and incorrectly advised Aguilar that the plea would...