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Cases

By Jeffrey Ivashuk

Criminal law -- Plea -- Withdrawal -- Failure to advise of immigration consequences of plea -- Defendant's second motion to withdraw plea was time-barred where plea was entered in 1991; defendant became aware of immigration consequences in 1998; defendant filed motion to withdraw plea within two years of learning ofimmigration consequences, which motion was timely under supreme court's ruling in Peart v. State, but withdrew that motion based on mistaken belief that he was a citizen who was not subject to removal; and defendant filed second motion to withdraw in 2007 after federal agency denied defendant's application for certificate of citizenship-- Supreme court's 2006 decision in State v. Green, which reduced the time in which defendants must bring claims based on alleged violation of rule 3...continue to full post

Full post as published by JAABlog on April 17, 2008 (boomark / email).