State of West Virginia v. Orville M. Hutton

and dissenting, in part:

I concur in the majority’s historical analysis of the common law writ of error coram nobis, as well as its ultimate conclusion that the writ remains available only in extraordinary circumstances in criminal proceedings in West Virginia. Further, while I do not disagree with the majority’s new syllabus point four to the extent it reflects the holding of the United State Supreme Court m Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), I disagree with the majority’s implication that Padilla imposes a duty on lawyers to explore the immigration…