People v. Carrera
239 Ill. 2d 241
| Ill. | 2010Background
- Carrera pled guilty to unlawful possession of <15 grams of a controlled substance on June 28, 2004 and received 24 months' probation.
- He completed probation on June 26, 2006.
- INS deportation proceedings were initiated on December 6, 2007 based on the 2004 guilty plea.
- On January 18, 2008, Carrera filed a postconviction petition arguing his plea was involuntary due to counsel's erroneous immigration advice; timing was disputed but he argued lack of culpable negligence.
- Trial court dismissed the petition for lack of standing; the appellate court affirmed on standing grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner had standing under the Act. | Carrera | People | No standing; not imprisoned in penitentiary when petition filed. |
| Whether deportation proceedings constitute 'imprisonment' under the Act. | Carrera | People | Deportation not imprisonment under the Act. |
| Whether Padilla v. Kentucky affects standing under the Act. | Carrera | People | Padilla does not confer standing; still not imprisoned. |
| Whether Warr allows relief where there is no standing. | Carrera | People | Warr not applicable to expand the Act here. |
| Final disposition of petition given lack of standing. | Carrera | People | Appellate court affirmed; petition dismissed for lack of standing. |
Key Cases Cited
- People v. West, 145 Ill.2d 517 (1991) (deportable, fully served sentence not imprisonment for Act purposes)
- People v. Dale, 406 Ill. 238 (1950) (imprisoned in the penitentiary required for Act; liberty not restrained = no remedy)
- People v. Warr, 54 Ill.2d 487 (1973) (misdemeanor remedy modified under Act)
- Martin-Trigona, 111 Ill.2d 295 (1986) (liberty-based standing; relief depends on current restraint)
- Pack, 224 Ill.2d 144 (2007) (consecutive sentences; liberty interest supports standing)
- Sak, 186 Ill.App.3d 816 (1989) (deportation evidence not controlling; standing under 122-1 recognized)
- Rajagopal, 381 Ill.App.3d 326 (2008) (Padilla-like discussion; relates to deportation as non-direct consequence)
- Mrugalla, 371 Ill.App.3d 544 (2007) (federal deportation actions do not render state-imposed liberty deprivation a state-imposed imprisonment)
- Tostado, 362 Ill.App.3d 949 (2005) (appellate rejection of Sak on deportation standing posture)
- Williams, 188 Ill.2d 365 (1999) (collateral vs direct consequences focus in sentencing context)
- Maleng v. Cook, 490 U.S. 488 (1989) (habeas custody not maintained after sentence expired)