Legal Opinion

State of West Virginia v. Orville M. Hutton

West Virginia Supreme Court

Decided June 16, 2015No. 14-0603PublishedCited by 35 opinions

1Opinion of the Court

DAVIS, Justice:

This is an appeal by Orville M. Hutton from an order of the Circuit Court of Harrison County that denied his petition for a writ of error- coram nobis. Mr. Hutton sought the writ in order to have his guilty plea conviction for unlawful assault vacated on the grounds of ineffective assistance, of counsel. ' Mr. Hutton alleged that his trial counsel was ineffective in failing to inform him that his guilty plea could result in his being deported. The circuit court denied the writ based 'upon the following grounds: (1) the Legislature’s repeal of the coram nobis motion statute…

2Cases cited82 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. United States v. MorganSupreme Court of the United States · 1954
  5. Chaidez v. United StatesSupreme Court of the United States · 2013

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3Cited by35 opinions

  1. State v. RichCourt of Appeals of Maryland · 2017
  2. State of West Virginia v. Orville M. HuttonWest Virginia Supreme Court · 2017
  3. State v. Paul R. SantamariaSupreme Court of New Hampshire · 2017
  4. Andrew R. Rios v. Donnie Ames, SuperintendentWest Virginia Supreme Court · 2019
  5. Charles E. v. Donnie Ames, SuperintendentWest Virginia Supreme Court · 2019

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