Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ex Parte Hernandez

The appellant challenges a denial of a writ of habeas corpus proceeding that questioned the advice the defendant was given by his attorney concerning the consequence of pleading guilty on the defendant's status as a legal immigrant. The trial court improperly restricted the evidence to the prior plea proceedings in face of habeas counsel's efforts to offer other clearly relevant evidence. The trial court's order denying the writ is reversed and remanded. Beaumont Court of Appeals, No. 09-12-00366-CR, 03-27-2013.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

This is an appeal from a denial of a writ of habeas corpus proceeding that questioned the advice the defendant was given by his attorney concerning the consequence of pleading guilty on the defendant’s status as a legal immigrant. In this appeal, we consider whether further proceedings are required to allow the parties to present testimony for the trial court to consider before it determines if Julian Hernandez received ineffective assistance of counsel and, if so, whether he was prejudiced by his attorney’s advice. We conclude the trial court erred by considering only the record of the guilty plea hearing in deciding the disputed issues; as a result, further proceedings are required.

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
Texas Legal Awards 2025
September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


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 Administrative Assistant

Legal Administrative AssistantRivkind, Margulies & Rivkind, P.A.Miami, FL, USAEmployment Type: Full-TimeBenefits Offered: Medical, Retir...


Apply Now ›
Risk Management and Litigation Associate Counsel - 23849

Position Type:Administrative and Central Office Office Title/Functional Title:Risk Management and Litigation Associate Counsel - 23849Civil ...


Apply Now ›
Agency Attorney, Enhanced Rate Equitable Services Unit, OGC

Process enhanced rate equitable services requests, response to filers and NYSED Inquiries. Receive, file, coordinate, and review ...


Apply Now ›
Go to Lawjobs