Go | New | Find | Notify | Tools | Reply |
Member |
Has anyone dealt with a Writ regarding the purported failure of the defense attorney to explain the potential adverse affect of a guilty plea on the defendant's immigration status? The defendant pled guilty in 1997, received 2 years probation and now some attorney has filed the Writ on the defendant's behalf claiming ineffective assistance of counsel. The Court's admonishments do indicate the Court did give the non-citizen admonishment. | ||
|
Member |
Writs are for constitutional errors. There is no constitutional obligation to warn a defendant about immigration/naturalization consequences. For additional details, see The Perfect Plea, pages 102-03 & 154-55. | |||
|
Member |
Try contacting Laura Coats at the Dallas DA's office. Main line there is 214-653-3600. I think she won a State's appeal where a court granted a writ on these facts. | |||
|
Powered by Social Strata |
Please Wait. Your request is being processed... |
© TDCAA, 2001. All Rights Reserved.