State v. Osorio
Annotate this CaseIn 2002, Defendant pled no contest to attempted first degree arson pursuant to a plea agreement. Defendant was discharged from prison in 2003 and was thereafter removed from the United States. In 2012, Defendant filed a motion to withdraw his plea of no contest and vacate his conviction, alleging that his plea and conviction were obtained in violation of his due process rights and that his counsel was ineffective because he did not advise Defendant of the immigration consequences of his guilty plea. The district court denied Defendant's motion. The Supreme Court affirmed, holding that the district court correctly determined that neither the postconviction statute, Neb. Rev. Stat. 29-1819.02, nor the common-law "manifest injustice" procedure, all of which Defendant attempted to collaterally attack his plea under, provided a basis for relief in this case.
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