Legal Opinion

People v. Mejia

California Court of Appeal, 5th District

Decided June 26, 2019No. G056042PublishedCited by 34 opinions

1Opinion of the CourtMoore, J.

In 2016, the Legislature created a new law, which became effective in January 2017, allowing a person who is no longer in custody to file a motion to vacate a conviction because: "The conviction or sentence is legally invalid due to a prejudicial error damaging the moving party's ability to *821meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere." ( Pen. Code, § 1473.7, subd. (a)(1), italics added.)1

Courts routinely interpreted the new statute to mean that in order to vacate a conviction, a…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. Jae Lee v. United StatesSupreme Court of the United States · 2017
  5. In Re TahlCalifornia Supreme Court · 1969

14 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. People v. VivarCalifornia Supreme Court · 2021
  2. People v. Amirian CA2/3California Court of Appeal · 2020
  3. People v. Ayala CA4/2California Court of Appeal · 2021
  4. People v. Bohmwald CA2/7California Court of Appeal · 2021
  5. People v. BravoCalifornia Court of Appeal · 2021

29 more not listed; retrieve them via the Exa API.

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