State v. Shata
Annotate this CaseDefendant, an Egyptian foreign national, pleaded guilty to one count of possession with intent to deliver marijuana, as party to a crime. Defendant subsequently moved to withdraw his guilty plea on the basis of ineffective assistance of counsel. Specifically, Defendant argued that, under Padilla v. Kentucky, his trial counsel performed deficiently by failing to inform him that his conviction would absolutely result in deportation. The circuit court denied Defendant’s post-conviction motion, concluding that Defendant had not received ineffective assistance of counsel. The Supreme Court affirmed, holding that, where Defendant’s attorney correctly advised Defendant that his guilty plea carried a “strong chance” of deportation, Defendant received effective assistance of counsel.
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