Book updates to PCN

POST CON RELIEF - GROUNDS - COUNSEL - INEFFECTIVE ASSISTANCE - IAC ON APPEAL

Moormann v. Schriro, ___ F.3d ___ (9th Cir. October 13, 2005) (denial of petition for habeas corpus relief reversed where petitioner sufficiently asserted claims of ineffective assistance of appellate counsel).
http://caselaw.lp.findlaw.com/data2/circs/9th/0099015p.pdf

jurisdiction: 
Ninth Circuit

POST CON RELIEF - GROUNDS - INEFFECTIVE COUNSEL - ADVICE OF POTENTIAL IMMIGRATION CONSEQUENCES

Deitz v. Money, 391 F.3d 804 (6th Cir. Dec. 13, 2004, as amended Dec. 20, 2004) (reversing district court's dismissal of habeas corpus petition based on four constitutional claims, (1) trial counsel was ineffective for failing to file direct appeal; (2) appellate counsel was ineffective for not raising potential winning issues on appeal, specifically the authorities' failure to (a) provide an interpreter for Deitz during the taking of his plea, (b) advise Deitz of potential immigration consequences of a guilty plea, required by Ohio Rev.

jurisdiction: 
Sixth Circuit

POST CON RELIEF - GROUNDS - COUNSEL - PLEA BARGAINING IS A CRITICAL STAGE

Turner v. Calderon, 281 F.3d 851, 879 (9th Cir. 2002) (negotiations with the government are a "critical stage" of a prosecution for Sixth Amendment purposes).

jurisdiction: 
Ninth Circuit

POST CON - IAC - AFFIRMATIVE MISADVICE

Vega-Gonzalez v. Oregon, __ P.3d __, 2006 WL 1100564 (Apr. 27, 2006) (advice of criminal defense counsel that conviction of an aggravated felony "may" trigger deportation is not affirmative misadvice; although conviction of an aggravated felony is very likely to result in deportation, the DHS could choose not to prosecute or the noncitizen could obtain withholding of removal or relief under the convention against torture). Note: the Ninth Circuit, in United States v. Kwan, 407 F.3d 1005 (9th Cir.

jurisdiction: 
Lower Courts of Ninth Circuit

POST CON RELIEF - GROUNDS - INEFFECTIVE COUNSEL - FAILURE TO ADVISE - UTAH POST CON RELIEF - GROUNDS - INEFFECTIVE COUNSEL - AFFIRMATIVE MISADVICE - UTAH

State v. Rojas-Martinez, 125 P.3d 930, 539 Utah Adv. Rep. 58, 2005 UT 86 (Utah Nov 22, 2005) (advising defendant that guilty plea and conviction for sexual battery "might or might not" lead to deportation is not an affirmative misrepresentation, and thus does not constitute ineffective assistance of counsel).

jurisdiction: 
Lower Courts of Tenth Circuit

POST CON - FEDERAL - GROUNDS - INVOLUNTARY PLEA WHERE DEFENDANT TOLD ONLY CONVICTION "COULD" RESULT IN DEPORTATION WHERE IT WAS VIRTUALLY CERTAIN TO DO SO

Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) (vacating conviction through granting motion to vacate sentence pursuant to 28 U.S.C. 2255 on involuntary plea and ineffective counsel grounds for misadvice concerning immigration consequences where defendant was informed only that the conviction "could result in your deportation," where it was certain to do so).

jurisdiction: 
Lower Courts of Second Circuit

POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - INVALID GUILTY PLEA

Lambert v. Blodgett, ___ F.3d ___ (9th Cir. Dec. 28, 2004) (reversing order vacating guilty plea on grounds of ineffective assistance of counsel and lack of knowing, voluntary and intelligent plea, where district court erred in disregarding Washington state courts factual findings and conclusions of law).
http://caselaw.lp.findlaw.com/data2/circs/9th/0335081p.pdf

jurisdiction: 
Ninth Circuit

HABEAS CORPUS - FEDERAL - INEFFECTIVE ASSISTANCE NOT PREJUDICIAL

Allen v. Woodford, 366 F.3d 823 (9th Cir. May 6, 2004) ("[Petitioner's] representation at the penalty phase of his trial fell below an objective standard of reasonableness. Trial counsel admits he did nothing to prepare for the penalty phase until after the guilty verdicts were rendered, and even then, in what little time was available, he failed sufficiently to investigate and adequately present available mitigating evidence.")

jurisdiction: 
Ninth Circuit

POST CON RELIEF - GROUNDS - IAC - REMEDY

Macias-Ramos v. Schiltgen, ___ F.3d ___, 2004 U.S. App. LEXIS 1531 (9th Cir. Jan. 30, 2004) (UNPUBLISHED) (BIA violated due process by waiting six years, until after law had changed to respondent’s detriment, to review Immigration Judge’s originally erroneous finding that expunged misdemeanor weapons conviction constituted conviction for immigration purposes).      The BIA must generally apply the law in place at the time the BIA conducts its review. Ortiz v. INS, 179 F.3d 1148, 1156 (9th Cir. 1999).

jurisdiction: 
Ninth Circuit

POST-CON - INEFFECTIVE ASSISTANCE - FAILURE TO INVESTIGATE

Landrigan v. Schriro, ___ F.3d ___ (9th Cir. Mar. 8, 2006) (colorable claim that counsel's performance in failing to investigate fell below the objective standard of reasonableness and that he was prejudiced thereby required remand for evidentiary hearing).

jurisdiction: 
Ninth Circuit

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