302 So.3d 1200
La. Ct. App.2020Background:
- Abdellah Karim pled guilty (unconditional) to possession of marijuana (≤14 grams) on June 18, 2018 and was sentenced to 15 days, concurrent with two other sentences.
- He later filed an out-of-time appeal claiming trial counsel failed to advise him of immigration/deportation consequences of his guilty plea under Padilla.
- Karim stated he was in ICE custody and alleged language difficulties and that counsel knew he was a foreign national.
- The trial court granted an out-of-time appeal; the Fifth Circuit reviewed the record and plea colloquy.
- The court found Karim’s misdemeanor offense falls within the federal “personal use” exception to deportability (8 U.S.C. §1227(a)(2)(B)(i)) and affirmed the conviction and sentence.
- A concurring judge would have consolidated this case with Karim’s companion felony appeal and remanded for an evidentiary hearing on ineffective assistance.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Karim) | Held |
|---|---|---|---|
| Whether counsel was ineffective under Padilla for failing to advise about immigration consequences | Counsel not deficient because the charged misdemeanor is excepted from deportability and there is no record showing counsel knew Karim was a noncitizen | Counsel failed to advise of deportation risk; language barrier and indicia of foreign status; would not have pled if advised | Denied: offense is excepted from deportability; no duty to advise; Strickland burden not met |
| Whether this misdemeanor conviction is appealable here | Generally not appealable, but may be reviewed when intertwined with a related felony appeal | Karim sought review of his misdemeanor as part of collateral immigration claim | Court exercised jurisdiction because the misdemeanor and pending felony appeal are intertwined; both considered together |
| Whether Karim’s unconditional plea and waiver were valid | Plea colloquy and signed waiver show a knowing, voluntary plea; unconditional plea waives nonjurisdictional claims | Plea involuntary due to counsel’s alleged omission regarding immigration | Held valid: unconditional plea waived nonjurisdictional defects; colloquy and waiver sufficient |
| Whether there are errors patent in the record requiring correction | No errors patent found on review | N/A | No errors patent; judgment affirmed |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (Sixth Amendment duty to advise about clear deportation consequences)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective assistance standard)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard where ineffective assistance leads to guilty plea)
- State v. Crosby, 338 So.2d 584 (La. 1976) (unconditional guilty plea waives nonjurisdictional defects)
- State v. Trepagnier, 982 So.2d 185 (La. App. 5 Cir. 2008) (procedures and appellate review for misdemeanors)