Legal Opinion

Elmour v. Government of the Virgin Islands

District Court, Virgin Islands

Decided October 22, 2010No. D.C. Criminal App. No. 2007/020PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

(October 22, 2010)

In this appeal, the Court is asked to determine whether a coram nobis petitioner is entitled to an evidentiary proceeding to determine the effectiveness of counsel who fails to advise his client of the deportation consequences of entering a guilty plea. In line with the Supreme Court’s recent holding in Padilla v. Kentucky, we remand for further evidentiary proceedings. 130 S. Ct. 1473, 1478, 176 L. Ed. 2d 284 (2010). We, however, do not address the merits of the instant coram nobis petition. Id.

I. FACTUAL AND PROCEDURAL HISTORY

At the time of his…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Padilla v. KentuckySupreme Court of the United States · 2010
  5. Roe v. Flores-OrtegaSupreme Court of the United States · 2000

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3Cited by1 opinion

  1. Alexander v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2026

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