Legal Opinion

State v. Byron

Court of Appeals of Minnesota

Decided July 13, 2004No. A03-1166PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WRIGHT, Judge.

Approximately four years after pleading guilty to third-degree controlled substance crime, respondent moved to withdraw his guilty plea, arguing that the district court’s failure to advise him of the immigration consequences of his guilty plea resulted in a manifest injustice. The district court granted respondent’s motion and sua sponte granted plea withdrawal due to violations of the Vienna Convention. The state challenges the procedural and substantive bases for plea withdrawal. We reverse.

FACTS

Respondent James Stanford Byron, an alien national from Trinidad and…

2Cases cited21 opinions

  1. Dukes v. StateSupreme Court of Minnesota · 2001
  2. Alanis v. StateSupreme Court of Minnesota · 1998
  3. Chapman v. StateSupreme Court of Minnesota · 1968
  4. State v. WukawitzSupreme Court of Minnesota · 2003
  5. Jose Marcelo Alberto-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000

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3Cited by7 opinions

  1. Torres v. StateCourt of Criminal Appeals of Oklahoma · 2005
  2. Black v. StateCourt of Appeals of Minnesota · 2007
  3. State v. TurnbullCourt of Appeals of Minnesota · 2009
  4. Rew v. BergstromCourt of Appeals of Minnesota · 2011
  5. State v. BatchelorCourt of Appeals of Minnesota · 2010

2 more not listed; retrieve them via the Exa API.

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