Legal Opinion · Dissent

Rivera v. State

Court of Appeals of Maryland

Decided June 10, 2009No. 80, September Term, 2008Published

1DissentRaker, Judge

Petitioner was misled by the statements made by the Assistant State’s Attorney as to the collateral consequences of his guilty plea. The prosecutor’s unequivocal statements were reasonably relied upon by petitioner in entering his guilty plea. Accordingly, petitioner should be granted coram nobis relief and permitted to withdraw his plea of guilty on the grounds that his guilty plea was not freely and voluntarily offered.1 He relied upon an unequivocal and unambiguous representation of the State that his plea of guilty would not make him eligible for deportation. Although no representative of…

2Cases cited3 opinions

  1. United States v. Richard J. FronteroCourt of Appeals for the Fifth Circuit · 1971
  2. Smith v. StateCourt of Appeals of Maryland · 2003
  3. State v. ChaceSupreme Court of New Hampshire · 2004

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