POST CON - FEDERAL - HABEAS - INEFFECTIVE COUNSEL
Daniels v. Woodford, 428 F.3d 1181 (9th Cir. Nov. 2, 2005) (ineffective assistance of counsel where conflict of interest arose where defense counsel was acting in his own self interest in seeking job with district attorneys office).
http://caselaw.lp.findlaw.com/data2/circs/9th/0299002p.pdf
POST CON RELIEF - FEDERAL - GROUNDS - COUNSEL - ERRONEOUS DENIAL OF PRE-TRIAL MOTION TO SUBSTITUTE COUNSEL ON GROUNDS OF IRRECONCILABLE CONFLICT
Plumlee v. Del Papa, ___ F.3d ___ (9th Cir. October 18, 2005) (reversing denial of plaintiff's petition for a writ of habeas corpus where Sixth Amendment rights were violated when the trial judge denied pre-trial motion to substitute counsel on the basis of an irreconcilable conflict).
http://caselaw.lp.findlaw.com/data2/circs/9th/0415101p.pdf
POST CON - GROUNDS - CONFLICT OF INTEREST
Lewis v. Mayle, ___ F.3d ___ (9th Cir. November 29, 2004) (conviction vacated on federal habeas petition reversed where criminal lawyer had actual conflict of interest that adversely affected representation of his client).
http://caselaw.lp.findlaw.com/data2/circs/9th/0316152p.pdf
POST CON - WAIVER OF RIGHTS BY IMMIGRANTS
Von Moltke v. Gillies, 332 U.S. 708 (1948) (court must make a thorough inquiry before accepting waiver of right to counsel). United States v. Mendez, 102 F.3d 126 (5th Cir. 1997) (waiver of right to jury trial by silence insufficient where defendant was unable to speak English and did not understand United States criminal system).
POST CON - UTAH - GROUNDS - INEFFECTIVE COUNSEL - FAILURE TO ADVISE NOT IAC BECAUSE IMMIGRATION IS A COLLATERAL CONSEQUIENCE
State v. Rojas-Martinez, 73 P.3d 967 (Utah Ct. App. June 19, 2003) (counsels failure to inform client of deportation consequences of guilty plea, without more, does not fall below objective standard of reasonableness). See also United States v. Couto, 311 F.3d 179, 187 (2nd Cir. 2002).
POST CON - UTAH - GROUNDS -- INEFFECTIVE COUNSEL - AFFIRMATIVE MISADVICE CONSTITUTES INEFFECTIVE ASSISTANCE
State v. Rojas-Martinez, 73 P.3d 967 (Utah Ct. App. June 19, 2003) (Utah requires affirmative misadvise regarding deportation consequences to find ineffective assistance of counsel; court did, however, cite ABA rules requiring counsel to advise defendant of immigration consequences).
POST CON - GROUNDS - INEFFECTIVE COUNSEL - MIGHT V. WILL -- MIGHT OR MIGHT NOT BE DEPORTED IS AFFIRMATIVE MISADVICE FOR AGGRAVATED FELONY
State v. Rojas-Martinez, 73 P.3d 967 (Utah Ct. App. June 19, 2003) (counsels statement that defendant "might or might not" be deported as result of sexual battery conviction was affirmative misadvise since conviction was aggravated felony under immigration law, virtually mandating deportation without relief).
POST CON - NEW MEXICO - INEFFECTIVE COUNSEL - FAILURE TO INVESTIGATE AND ADVISE - AFFIRMATIVE MISADVICE
State v. Paredez, ___ N.M. ___ (Aug. 31, 2004) (New Mexico Supreme Court holds criminal defense attorney has "affirmative duty to determine [the client's] immigration status and provide him with specific advice regarding the impact a guilty plea would have on his immigration status"; both affirmative misadvice and failure to advise can constitute ineffective assistance of counsel).
INEFFECTIVE ASSISTANCE OF COUNSEL -- FALURE TO ADVISE - OREGON
Vega-Gonzalez v. State of Oregon, 191 Or. App. 587 (2004) (where conviction will lead to mandatory deportation, defense counsel required to inform defendant; stating that conviction "may" result in deportation is ineffective assistance of counsel. On July 20, 2004, Oregon Supreme Court granted State's request to review Court of Appeals opinion).
INEFFECTIVE ASSISTANCE OF COUNSEL -- FALURE TO ADVISE - OREGON
Lyons v. Pearce, 298 Or. 554 (1985) (defense counsel has duty to advise defendant of possibility of deportation)