Legal Opinion
Ex parte Garcia
Court of Criminal Appeals of Texas
Decided May 9, 2018No. PD-0804-17PublishedCited by 10 opinions
1Opinion of the CourtHervey, J.
The issue in this case is whether Samuel Osvaldo Garcia's claim that he is entitled to relief because his attorney gave him affirmative misadvice regarding his possible deportation is cognizable or whether it is barred as a non-retroactive Padilla claim. The court of appeals held that the claim is cognizable as an affirmative misadvice claim, and we agree. Consequently, we affirm the judgment of the court of appeals.
BACKGROUND
In 2002, Garcia was charged with possession of cocaine of at least four grams but less than 200 grams of cocaine with intent to deliver, a first-degree felony. The State…
2Cases cited6 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- Jae Lee v. United StatesSupreme Court of the United States · 2017
- Ex Parte MoussazadehCourt of Criminal Appeals of Texas · 2012
- De Los Reyes, Ex Parte JoelCourt of Criminal Appeals of Texas · 2013
- State v. RecerCourt of Criminal Appeals of Texas · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ex Parte Dexter Hypolite v. ., Texas Court of Appeals, 4th District (San Antonio)2025
- Ex Parte Fabian Garcia, Texas Court of Appeals, 13th District2021
- Ex Parte Javier Ordonez, Texas Court of Appeals, 7th District (Amarillo)2019
- Ex Parte Jose Anaya, Texas Court of Appeals, 11th District (Eastland)2019
- Ex Parte Luis Alberto Martinez v. the State of Texas, Texas Court of Appeals, 13th District2023
5 more not listed; retrieve them via the Exa API.