State of New Jersey v. Horace Blake
132 A.3d 1282
| N.J. Super. Ct. App. Div. | 2016Background
- Defendant Horace Blake, a non‑citizen, was stopped with ~5 pounds of marijuana and an unrestrained five‑year‑old; indicted on drug and child endangerment counts.
- On June 29, 2012 Blake pled guilty to third‑degree possession with intent to distribute and third‑degree endangering the welfare of a child; other counts dismissed; sentence probation with 364‑day jail condition satisfied by time served.
- Plea form and oral colloquy informed Blake he was not a U.S. citizen, that the plea "may result" in removal, and that ICE would likely take him into custody immediately; Blake acknowledged understanding and declined individualized immigration counsel at that time.
- Blake later filed a pro se PCR petition alleging ineffective assistance of counsel for failing to advise that the plea carried mandatory deportation (i.e., that the offense was an aggravated felony) and that counsel pressured him to plead.
- The PCR court denied relief without an evidentiary hearing, finding the record (plea form, colloquy, and defendant’s own earlier statements) showed adequate Padilla‑compliant advice; Blake appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective under Padilla for failing to inform Blake that his guilty plea carried mandatory deportation | State: Plea colloquy and form plainly warned of deportation risk; counsel explained likelihood and advised about immigration process, satisfying Padilla/Gaitan | Blake: Counsel never told him the conviction was an aggravated felony or that deportation was mandatory; had he known he would not have pled | Court: No prima facie Strickland/Padilla violation — totality of plea form, colloquy, and defendant’s prior admissions show he was adequately warned that deportation was likely; no evidentiary hearing required |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (counsel must advise noncitizen clients about immigration consequences; clearer immigration outcomes require clearer advice)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- State v. Gaitan, 209 N.J. 339 (NJ elaboration of Padilla: counsel must identify mandatorily removable offenses and advise accordingly)
- State v. Nunez‑Valdez, 200 N.J. 129 (context for plea‑form immigration disclosures)
Affirmed: PCR denial; no evidentiary hearing warranted because the record showed Padilla‑compliant advice and defendant’s own statements contradicted his later claims of ignorance.