Ex parte Joel de Los Reyes (Original)
Annotate this CaseApplicant Joel De Los Reyes filed an application for writ of habeas corpus in which he alleged that he received ineffective assistance of counsel because his trial counsel failed to advise him that he was almost certainly subject to deportation after he pled guilty to a second crime of moral turpitude. The trial court denied the application, but the El Paso Court of Appeals granted relief, holding that the rule from "Padilla" should be applied retroactively and that trial counsel was ineffective under that rule. After review, the Supreme Court recognized that it could give retroactive effect to "Padilla" as a matter of state habeas law. But the Court declined to do so. The Court adhered to the prevailing retroactivity analysis in Texas and held that "Padilla" did not apply retroactively. The appellate court's judgment was reversed in this case, and the trial court's original denial of applicant's application was reinstated.
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