Guerrero v. State
2012 R.I. LEXIS 121
| R.I. | 2012Background
- Applicant Eddy Guerrero appeals from denial of post-conviction relief.
- Guerrero pled nolo contendere to possession of over one kilogram of cocaine after suppression motion denial.
- Trial sentenced Guerrero to 20 years with seven to serve and thirteen suspended.
- Post-conviction relief petition (Oct 29, 2007) claimed ineffective assistance and non-knowing plea.
- Hearing held May 17, 2010; evidence included testimony from Guerrero’s wife, ESL teacher, intake staff, and counsel.
- Court affirmed Superior Court judgment after oral argument and record review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpreter necessity for Guerrero | Guerrero needed an interpreter; lack harmed communication | Counsel and others testified English was sufficient | No reversible error; no prejudice shown; interpreter not required |
| Immigration consequences disclosure | Counsel failed to warn of deportation risk | Counsel warned Guerrero of deportation consequences multiple times | Not ineffective; warnings found adequate under record |
| Essential elements and voluntariness of plea | Guerrero did not understand essential elements of the offense | Colloquy and conferences showed understanding | Plea colloquy adequate; intelligent and voluntary responses acknowledged |
| Counsel's preparation for suppression hearing | Counsel failed to prepare; ineffective assistance | Counsel thoroughly crossed and questioned; credible testimony | Not ineffective; counsel acted within reasonable competence |
| Meaningful attorney-client communications | No meaningful communications due to courthouse-only meetings | Counsel met privately in secure conference rooms | Communication deemed adequate; not ineffective |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (deportation warning required for plea decisions)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Gonder v. State, 935 A.2d 88 (R.I. 2007) (IAC standard within Rhode Island postconviction context)
- Neufaille v. State, 13 A.3d 607 (R.I. 2011) (prejudice prong considerations in IAC claims)