Legal Opinion
People v. Chavez-Torres
Supreme Court of Colorado
Decided June 17, 2019No. 17SC61, PeoplePublishedCited by 17 opinions
1Opinion of the Court
JUSTICE SAMOUR delivered the Opinion of the Court.
¶1 Is a noncitizen defendant entitled to a hearing on the timeliness of his Crim. P. 35(c) postconviction motion when he invokes the justifiable excuse or excusable neglect exception and alleges that plea counsel provided him no advice regarding the immigration consequences of his plea? The answer generally depends on the specific allegations set forth in the motion. However, when the plea agreement or the plea hearing transcript is submitted, the trial court should consider it in conjunction with the allegations advanced.
¶2 In this case, we…
2Cases cited18 opinions
- McMann v. RichardsonSupreme Court of the United States · 1970
- Padilla v. KentuckySupreme Court of the United States · 2010
- Chaidez v. United StatesSupreme Court of the United States · 2013
- Delgadillo v. CarmichaelSupreme Court of the United States · 1947
- People v. WiedemerSupreme Court of Colorado · 1993
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re People v. KilgoreSupreme Court of Colorado · 2020
- Stubbs v. HallSupreme Court of Georgia · 2020
- William J. Hunsaker, Jr. v. The People of the State of ColoradoSupreme Court of Colorado · 2021
- In Re People v. RowellSupreme Court of Colorado · 2019
- Peo v. HouserColorado Court of Appeals · 2020
12 more not listed; retrieve them via the Exa API.