Ex Parte Luciano Resendez Arjona
402 S.W.3d 312
| Tex. App. | 2013Background
- Arjona, a Mexican national, was arrested in 1995 and pleaded guilty in 2008 to felony possession of marijuana with a five-year sentence suspended and placed on five years of community supervision.
- He filed a habeas corpus application alleging ineffective assistance of trial counsel and inadequate 26.13 admonishments regarding immigration consequences.
- The trial court denied relief; the court discusses Padilla v. Kentucky and finality principles to determine if plea could be attacked for immigration consequences.
- The plea hearing included a court admonition about possible deportation; defense counsel suggested ongoing interaction with immigration to obtain a green card, and Arjona expressed misunderstanding of the consequences.
- The court ultimately vacated and remanded for an evidentiary habeas hearing to determine whether the plea was knowing and voluntary despite the alleged misadvice.
- The case is remanded to allow proper development of the record and a hearing on the habeas corpus relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was knowing and voluntary given immigration consequences | Arjona | State | Remand for evidentiary hearing; not decided on the merits yet |
| Whether Padilla applies to the 2008 plea and affects voluntariness | Arjona | State | Presumption that Padilla does not apply retroactively to 2008 plea; remand proceeding ongoing |
| Whether trial counsel’s misadvice deprived Arjona of effective assistance | Arjona | State | Affirmative misadvice possible; requires evidentiary development on causation and prejudice |
| Whether the 26.13 admonishments were sufficient or compromised by counsel’s later statements | Arjona | State | Admonishments deemed prima facie valid; totality of circumstances requires further fact-finding on efficacy |
| Whether the judgment should be vacated and the case remanded for a new habeas hearing | Arjona | State | Remand for a full habeas hearing to develop evidence; conviction not conclusively final for Padilla analysis |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (duty to advise on deportation when consequences are clear; not retroactive to pre-Padilla pleas)
- Ex parte Griffin, 679 S.W.2d 15 (Tex. Crim. App. 1984) (counsel's misadvice may render plea involuntary)
- Fuller v. State, 253 S.W.3d 220 (Tex. Crim. App. 2008) (admonishments assist in determining knowing and voluntary plea)
- Ex parte Zapata, 235 S.W.3d 794 (Tex. Crim. App. 2007) (totality-of-the-circumstances inquiry for involuntariness)
- Allen v. Hardy, 478 U.S. 255 (1986) (finality of conviction for purposes of post-conviction relief)