Legal Opinion

In Re Resendiz

California Supreme Court

Decided April 2, 2001No. S078879PublishedCited by 101 opinions

1Opinion of the Court

Opinion

WERDEGAR, J.

The question presented is whether petitioner, in deciding to plead guilty to certain offenses for which he now faces deportation, received ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution or article I, section 15 of the California Constitution. The Court of Appeal answered in the affirmative. The Attorney General urges that we adopt a categorical rule barring ineffective assistance claims based on advice concerning the immigration consequences of a guilty plea. As explained below, we conclude that affirmative misadvice…

2Cases cited73 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Brady v. United StatesSupreme Court of the United States · 1970
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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3Cited by101 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Carey v. SaffoldSupreme Court of the United States · 2002
  3. People v. SlaughterCalifornia Supreme Court · 2002
  4. State v. ParedezNew Mexico Supreme Court · 2004
  5. Robinson v. LewisCalifornia Supreme Court · 2020

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