Legal Opinion

State v. Garcia

Nebraska Supreme Court

Decided December 14, 2018No. S-17-1217PublishedCited by 11 opinions

1Opinion of the CourtPapik, J.

*710 **913 Like many other states, Nebraska requires trial judges, prior to accepting a guilty or no contest plea, to advise the defendant on the record that a conviction may have certain immigration consequences. The same statute provides that if the court fails to give the required advisement and the defendant faces the immigration consequences about which he or she was not advised, the defendant has a right to have the judgment vacated, to withdraw the plea, and to enter a plea of not guilty.

In this case, Alejandro Garcia seeks to withdraw a no contest plea he entered years ago pursuant to…

2Cases cited10 opinions

  1. Smith v. StateSupreme Court of Georgia · 2010
  2. Heckman v. MarchioNebraska Supreme Court · 2017
  3. State v. Alarcon-ChavezNebraska Supreme Court · 2017
  4. Linda N. v. William N.Nebraska Supreme Court · 2014
  5. Kozal v. Nebraska Liquor Control Comm.Nebraska Supreme Court · 2017

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3Cited by11 opinions

  1. In re Guardianship of Eliza W.Nebraska Supreme Court · 2020
  2. Parks v. Hy-VeeNebraska Supreme Court · 2020
  3. Rogers v. Jack's Supper ClubNebraska Supreme Court · 2019
  4. Griffith v. Nebraska Dept. of Corr. Servs.Nebraska Supreme Court · 2019
  5. State v. JerkeNebraska Supreme Court · 2019

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