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Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Guilty Plea

Stephanie Maniscalco//December 1, 2015//

Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Guilty Plea

Stephanie Maniscalco//December 1, 2015//

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Where a defendant in a child sexual abuse case argued that his was involuntary because his plea counsel failed to advise him that he would be subject to lifetime supervision as a consequence, the attorney had no duty to inform the defendant of the collateral consequences of pleading guilty, so the failure to advise did not constitute ineffectiveness of counsel despite defendant’s argument for application of  Padilla v. Kentucky, which required counsel to advise a non-citizen defendant of the risk of deportation since the appellate court declines to expand Padilla’s holding.

Judgment is affirmed.

Allen v. State (MLW No. 68519/Case No. ED102317 – 9 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, St. Louis City, Grady, J. (Andrew E. Zleit for appellant) (Evan J. Buchheim for respondent).

 

Read the full text of this opinion. (PDF)


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