State v. Merheb
Annotate this CaseDefendant pled guilty to attempted possession of marijuana with intent to deliver and was sentenced to one to two years’ imprisonment. Defendant later filed a motion for postconviction relief alleging that his immigration counsel provided ineffective assistance by providing erroneous advice regarding the immigration consequences of his conviction. The district court denied the motion. The court of appeals dismissed Defendant’s appeal as moot because Defendant had been released from prison and his parole had expired. The U.S. Supreme Court subsequently decided Padilla v. Kentucky. Defendant moved to set aside his plea. The district court denied the motion, reasoning that Padilla was inapplicable to Defendant because his conviction was final prior to the Court’s decision in Padilla and that Defendant’s motion to set aside his plea was not timely for purposes of State v. Gonzales. The Supreme Court affirmed, holding that the constitutional right under which Defendant sought relief was inapplicable as a matter of law and the procedure set forth under Gonzales was unavailable.
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