State v. Mamer
Annotate this CaseIn 2011, Appellant, who was not a citizen of the United States, pled guilty to attempted sexual assault in the first degree. After Appellant was released from incarceration he filed a motion to withdraw his plea and vacate the judgment, alleging that not allowing him to withdraw his plea would result in “manifest injustice” because his trial counsel failed to advise him of the immigration consequences of his guilty plea. The district court dismissed the motion, determining that Appellant could have brought his Padilla v. Kentucky claim in an earlier postconviction action. Appellant appealed, arguing that postconviction relief was never available to him because he could not have reasonably discovered the factual predicate of his claim while incarcerated, as he did not receive notice of the government’s decision to deport him until after his release. The Supreme Court affirmed, holding (1) in the exercise of due diligence, Appellant should have discovered and brought his Padilla claim while incarcerated through a postconviction action; and (2) therefore, the district court properly dismissed Appellant’s claim for manifest injustice relief.
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