Legal Opinion

State v. Antuna

New Jersey Superior Court Appellate Division

Decided August 16, 2016PublishedCited by 4 opinions

1Opinion of the Court

The opinion of the court was delivered by

HIGBEE, J.A.D.

Defendant Mariano Antuna appeals from an August 4, 2014 order denying his petition for post-conviction relief (PCR). Defendant argues he received ineffective assistance of counsel because his trial counsel failed to properly advise him of potential immigration consequences resulting from his conviction following a guilty plea. Alternatively, defendant argues counsel’s failure to read to him or have him complete the plea form, resulted in ineffective assistance of counsel. We agree with the latter contention and reverse.

Defendant was…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. Chaidez v. United StatesSupreme Court of the United States · 2013
  4. State v. NashSupreme Court of New Jersey · 2013
  5. State v. CastagnaSupreme Court of New Jersey · 2006

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

3Cited by4 opinions

  1. STATE OF NEW JERSEY VS. ARTURO ESPICHAN (96-12-3980, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021
  2. STATE OF NEW JERSEY VS. BOBSEUS WILLIAMS (90-10-4782, 90-12-2548, 90-12-2549 AND 91-02-0795, ESSEX COUNTY AND STATEWIDE) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2019
  3. STATE OF NEW JERSEY VS. MARIANO RODRIGUEZ (00-04-0396 AND 94-06-0638, MIDDLESEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  4. STATE OF NEW JERSEY VS. WALNER SAMEDY (12-06-1036, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020

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