United States v. Kwan, ___ F.3d ___, 2005 WL 1119652 (9th Cir. May 12, 2005) (defense counsel's ineffective assistance of counsel, in failing to notify the defendant when, prior to sentence, the law changed and in fact deportation changed from a mere possibility to a near certainty, was prejudicial where the defendant could have made a motion under F.R.Crim.P. 32(e) to withdraw the plea and attempted to renegotiate the disposition in light of the new legal consequences, or attempted to obtain a sentence of two days less, and lost the opportunity for a favorable exercise of discretion).

forms to vacate misdemeanors (and juvenile convictions) may be found at:
http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38

State v. Rojas-Martinez, 73 P.3d 967 (Utah Ct. App. June 19, 2003) (under Utah Code Ann. 77-13-6(2)(b) (1999), defendant must file motion to withdraw guilty plea within 30 days after entry of plea; phrase "entry of the plea" refers to date of conviction, which generally occurs at sentencing, not at date of plea colloquy). See State v. Ostler, 31 P.3d 528 (2001).

Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate      The court shall not accept a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts from any defendant in any criminal proceeding unless the court advises such defendant of the following: "If you are not a citizen of the United States, you are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from admission to the

See New Mexico Statutes, Annotated 31-20-13 (1978).

Iowa Rule of Criminal Procedure 2.8(2)(b) provides in relevant part:
     Before accepting a plea of guilty, the court must address the defendant
personally in open court and inform the defendant of, and determine that the
defendant understands, the following:
     . . .
     (3) That a criminal conviction, deferred judgment,  [*5]  or deferred
sentence may affect a defendant's status under federal immigration laws.

Hwang v. State, 2004 WL 585000 (Tex.App. March 25, 2004) (trial court erred by not informing appellant that guilty plea could result deportation, as required under Texas Code of Criminal Procedure article 26.13).

Commonwealth v. Rodriguez, 802 N.E.2d 1039 (Mass. Feb. 10, 2004) (Massachusetts pretrial probation is not considered conviction for state purposes, therefore statutory requirement to warn of immigration consequences under G. L. c. 278, 29D, are not required for such disposition, even if the disposition would be a conviction for federal immigration purposes).

In re Seaton (2004) ___ Cal.4th ___ (claims of constitutional error, even when clear and fundamental and striking at the heart of the process, that were not raised at trial may not be raised in habeas proceeding, unless ineffective assistance of counsel is shown or the facts were not known at the time of trial).
http://caselaw.findlaw.com/data2/californiastatecases/s067491.doc

Ten states Alabama, Arizona, Florida, Illinois, Indiana, Mississippi, Missouri, New York, South Carolina, and Utah--allow or have allowed ineffective assistance of counsel claims to be raised on coram nobis. Alabama, McKinney v. State, 511 So.2d 220 (Ala. 1987) (coram nobis relief granted on grounds convicted person received ineffective assistance of counsel when pleading guilty); Arizona, State v. Kruchten, 101 Ariz. 186, 417 P.2d 510 (1966) (coram nobis is proper remedy for claim that guilty pleas were entered in violation of right to effective assistance of counsel); Florida, Wells v.