Nguyen v. State
Annotate this CaseAppellant pled guilty in 2000 to attempted burglary in the third degree. In 2011, Appellant filed an application for postconviction relief, arguing that, pursuant to the U.S. Supreme Court's decision in Padilla v. Kentucky, he had received ineffective assistance of counsel because his counsel had failed to advise him that pleading guilty would result in his removal from the United States. The district court granted summary judgment on Appellant's application, finding it to be untimely. The Supreme Court affirmed, holding that, based on the U.S. Supreme Court's decision in Chaidez v. United States, because Padilla announced a new rule of constitutional criminal procedure, it did not apply retroactively to convictions like Appellant's that became final before the Padilla decision.
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