De Los Reyes, Ex Parte Joel
392 S.W.3d 675
| Tex. Crim. App. | 2013Background
- Applicant Joel De Los Reyes is a permanent resident who pled guilty to a second theft, a crime of moral turpitude.
- The 2004 plea included an immigration admonishment; finality of conviction occurred December 10, 2004.
- De Los Reyes received deportation notice in February 2010 after a federal statute flagged him for removability.
- Padilla v. Kentucky (2010) held counsel must advise noncitizens about deportation risks; its retroactivity was questioned by Chaidez (2013).
- The trial court denied relief; the court of appeals granted relief, then the State sought discretionary review; the Court of Criminal Appeals reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Padilla applies retroactively to collateral review | State: Padilla does not retroactively apply | Reyes: Padilla should apply retroactively under Teague/Chaidez | Padilla does not apply retroactively under Chaidez; cannot benefit |
| Whether Reyes can obtain relief given finality before Padilla | State: final convictions barred retroactive relief | Reyes: Padilla should aid relief | Retroactivity denied; final conviction cannot be revisited |
Key Cases Cited
- Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (holds Strickland applies to deportation consequences; new rule for deportation guidance)
- Chaidez v. United States, 133 S. Ct. 2123 (2013) (Padilla announced a new rule not retroactive)
- Teague v. Lane, 489 U.S. 288 (1989) (retroactivity framework for new criminal-procedure rules)
- Ex parte Lave, 257 S.W.3d 235 (Tex. Crim. App. 2008) (state-law appellate approach to new-rule retroactivity)
- Chaidez (supra) discussion in Tex. Crim. App. opinion, — (2013) (cited for retroactivity holding in Chaidez)