State v. Ali
2011 ME 122
| Me. | 2011Background
- Ali is a Somali refugee and longtime noncitizen residing in Maine.
- In April 2008, Ali was arrested near Portland High School with seven bags of marijuana, and admitted possession and intent to sell.
- Ali pleaded guilty to aggravated trafficking in a scheduled drug; the court questioned his citizenship and warned of possible immigration consequences, which his lawyer discussed with him.
- Ali was sentenced to four months in custody (to be served at Long Creek Youth Development Center) and paid a $400 fine.
- By 2011, DHS notified Ali of potential removal based on his October 2008 conviction, while he remained in immigration proceedings.
- Ali filed a motion for a new trial and to appoint counsel in March 2011, alleging ineffective assistance for failing to communicate immigration consequences; the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper forum for IAC claim | Ali: Rule 1/2/33 allow new-trial relief; post-conviction review not available. | State: post-conviction review is exclusive for IAC claims; new trial not proper for this purpose. | Post-conviction review is the exclusive forum for IAC claims; N.T. |
| Padilla retroactivity impact | Padilla applies; affects alias Ngo II rationale and retroactivity should permit relief. | Padilla retroactivity not decided; majority adheres to Ngo II; does not retroactively apply here. | Padilla retroactivity not resolved; majority sticks with Ngo II abstaining from retroactivity ruling. |
| Timeliness and procedure under Rule 33 | Ali’s Rule 33 motion should be allowed due to newly discovered immigration consequences. | Rule 33 2-year deadline bar; motion untimely. | Rule 33 not satisfied; timely fault remains; not proper vehicle. |
Key Cases Cited
- State v. Ngo, 912 A.2d 1224 (Me. 2007) (IAC claim review mechanics; post-conviction exclusive forum)
- Ngo II, 946 A.2d 424 (Me. 2008) (deportation considered civil; limits of Rule 1)
- State v. Trott, 841 A.2d 789 (Me. 2004) (post-conviction review standards)
- Aldus v. State, 748 A.2d 463 (Me. 2000) (IAC claims; post-conviction relief pathways)
- State v. Blakesley, 989 A.2d 746 (Me. 2010) (post-conviction remedies preclusion)
- Padilla v. Kentucky, 130 S. Ct. 1473 (U.S. 2010) (counsel must inform client of deportation risk; retroactivity discussed)