Neufville v. State, 13 A.3d 607, 614 (RI 2011)(dictum) (defendant with claim of ineffective assistance of counsel, under Padilla v. Kentucky, 130 S. Ct. 1473 (2010), probably cannot show prejudice if the defendant could have received a longer sentence at trial than was actually received by pleading guilty: when counsel has secured a shorter sentence than what the defendant could have received had he gone to trial, the defendant has an almost insurmountable burden to establish prejudice. . . . [The court was] satisfied that had Neufville proceeded to trial, he ran the risk of receiving a longer sentence than was imposed and therefore has failed to establish prejudice because of his counsels alleged ineffective assistance.); citing Rodrigues v. State, 985 A.2d 311, 317 (RI 2009).

Note: There is virtually nothing about this decision that is correct. Its language on counsels duty to advise ignores Padillas clear holding that when the immigration consequences are clear, counsel must advise the defendant of them. Obviously, counsel must investigate the clients immigration status and research the immigration consequences before ascertaining whether they are clear. Then, counsel must inform the defendant of the results of his research. As to prejudice, it is true that the possibility of a longer sentence is one factor to use in evaluating prejudice, whether it would have been rational for the defendant to have rejected the plea bargain. For example, in a death penalty case, in which the defendant was offered a plea involving no custody, it would have been insane to reject the plea bargain. On the other hand, many times, counsels failure to make a counteroffer to plead to a non-deportable offense with the same punishment as the original offer would be highly prejudicial. Finally, certain defendants may choose to enter a plea to a greater offense, with a greater maximum, in order to avoid deportation, and it would be highly prejudicial not to try to do so. See People v. Bautista (2004) 115 Cal.App.4th 229, 8 Cal.Rptr. 3d 862.