Legal Opinion

State v. Zarate

Nebraska Supreme Court

Decided September 27, 2002No. S-01-1175PublishedCited by 20 opinions

1Opinion of the CourtGerrard, J.

NATURE OF CASE

The defendant, Miguel Castillo Zarate, appeals from the district court’s denial, without an evidentiary hearing, of Zarate’s motion for postconviction relief. The sole question presented by this appeal is whether Zarate is entitled to an evidentiary hearing on the claim that Zarate’s counsel was ineffective in not advising Zarate that pleading guilty to attempted possession of a controlled substance could result in deportation.

BACKGROUND

Zarate was charged by information on May 2,1997, with possession of a controlled substance with intent to deliver in violation of Neb. Rev.…

2Cases cited43 opinions

  1. Hill v. LockhartSupreme Court of the United States · 1985
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. Tollett v. HendersonSupreme Court of the United States · 1973
  5. People v. FordNew York Court of Appeals · 1995

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3Cited by20 opinions

  1. Chaidez v. United StatesSupreme Court of the United States · 2013
  2. State v. HaynesNebraska Supreme Court · 2018
  3. Smith v. StateSupreme Court of Georgia · 2010
  4. State v. LotterNebraska Supreme Court · 2003
  5. State v. FaustNebraska Supreme Court · 2003

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

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