(DOWNLOAD) "In Re Resendiz" by California Supreme Court " eBook PDF Kindle ePub Free

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eBook details

• Title: In Re Resendiz
• Author : California Supreme Court
• Release Date : January 02, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 89 KB

Description

The question presented is whether petitioner, in deciding to plead guilty to certain offenses for which he now faces deportation, received ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution or article I, section 15 of the California Constitution. The Court of Appeal answered in the affirmative. The Attorney General urges that we adopt a categorical rule barring ineffective assistance claims based on advice concerning the immigration consequences of a guilty plea. As explained below, we conclude that affirmative misadvice regarding immigration consequences may, depending on the circumstances of the particular case, constitute ineffective assistance of counsel. Nevertheless, as we agree with the Attorney General that petitioner in this case failed to carry his burden of demonstrating prejudice, we reverse the judgment of the Court of Appeal.

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