Lyons v. Pearce

I concur with the majority insofar as it remands to the trial court to “address the claim of ineffective assistance of counsel.”1 Petitioner testified that his appointed counsel had not discussed with him the possibility of deportation. The attorney testified that he did not advise petitioner just before his plea of that possibility. The attorney also did not sign the certification attached to the plea petition that he had explained its effect and that it was “understandingly made.”

The record shows, moreover, that the printed text of the plea petition that petitioner signed is garbled. It…