Legal Opinion · Concurrence

Roberto Morales Diaz v. State of Iowa

Supreme Court of Iowa

Decided June 9, 2017No. 15–0862Published

1ConcurrenceMansfield, Justice

I concur in the result and in most of the court’s opinion. I agree that the defendant’s trial counsel provided ineffective assistance by failing to advise his client that he would be deported based on his guilty plea. This was a “truly clear” consequence, and counsel had a duty to tell his client about it. See Padilla v. Kentucky, 559 U.S. 356, 369, 130 S.Ct. 1473, 1483, 176 L.Ed.2d 284 (2010). Additionally, Roberto Morales Diaz suffered prejudice because, as the district court found, he would not have pled guilty had he been properly advised on this point. Therefore, I agree the district…

2Cases cited13 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. Chaidez v. United StatesSupreme Court of the United States · 2013
  4. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  5. United States v. Kwok Chee Kwan, AKA Jeff KwanCourt of Appeals for the Ninth Circuit · 2005

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