Chavez v. OregonAnnotate this Case
In 1999, petitioner Esteban Chavez pled guilty to delivering cocaine. In 2011, he petitioned for post-conviction relief, relying on Padilla v. Kentucky, 559 US 356 (2010), and arguing his trial attorney failed to advise him about the immigration consequences of his guilty plea in violation of the Sixth Amendment. The trial court dismissed the petition both because it was untimely and because Padilla did not apply retroactively. The Court of Appeals affirmed the post-conviction court’s judgment on the latter ground. On review, petitioner challenged both grounds the trial court identified for dismissing his petition. The Oregon Supreme Court held that although the petition was timely, the only retroactivity argument that petitioner raised on review, that Oregon’s post-conviction statutes required all new constitutional rules be applied retroactively, was not well taken. Accordingly, the Supreme Court affirmed the Court of Appeals decision and the trial court’s judgment.