Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Martinez

The defendant could not show the required prejudice, regardless of plea counsel's prior erroneous advice, because the trial court correctly informed the defendant of the immigration consequences of his guilty plea to aggravated battery.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jose Alonso Martinez is not a citizen of the United States, but he became a permanent legal resident on May 9, 2008. On October 25, 2010, he entered a guilty plea to aggravated battery and received a probated sentence of seven years. As a result, Martinez has since been taken into custody by Immigration and Customs Enforcement ICE and faces deportation and banishment from the United States. On July 12, 2011, he filed a petition for writ of habeas corpus, alleging ineffective assistance of plea counsel. After a hearing, the habeas court granted relief, finding that plea counsel was ineffective in advising Martinez that he need not be concerned about immigration consequences of entering the guilty plea. See Padilla v. Kentucky, __U. S.__ 130 SC 1473, 176 LE2d 284 2010. The habeas court further found that, although the trial court warned Martinez that he would almost certainly face deportation should he proceed with the plea, he was also receiving advice from his attorney calling into question the information from the trial court, and he likely relied more heavily on counsel’s advice. The State appeals from the habeas court’s order.

Under the two‑pronged test of Strickland v. Washington, 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984,

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs