Commonwealth v. Descardes

OPINION BY

PANELLA, J.

After pleading guilty to insurance fraud1 and conspiracy to commit insurance fraud,2 and serving a probationary sentence, Claude Descardes, a resident alien, left the country for personal business. United States immigration officials denied him re-entry due to his felony convictions. After unsuccessful attempts to withdraw his guilty plea, Descardes became aware that the United States Supreme Court decided Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), which held that a criminal defense attorney has an affirmative duty to inform a defendant…