2024 Ohio 5696
Ohio Ct. App.2024Background
- Angel D. Cardona, a noncitizen, pleaded guilty in 2015 to a lesser offense of workers’ compensation fraud (a fifth-degree felony) in Ohio, noting on his plea form that he was not a U.S. citizen and acknowledging potential immigration consequences.
- Cardona was sentenced to four years of community control and ordered to pay restitution; his community control was later terminated as unsuccessful.
- Over eight years after his plea, Cardona filed a motion to withdraw his guilty plea, arguing ineffective assistance of counsel and manifest injustice due to immigration consequences.
- The trial court denied the motion without a hearing, finding no ineffective assistance or manifest injustice.
- Cardona appealed, asserting the trial court abused its discretion by denying the motion and not holding a hearing.
Issues
| Issue | Cardona's Argument | State's Argument | Held |
|---|---|---|---|
| Manifest Injustice (re: immigration effects) | His plea led to immigration removal, which is a manifest injustice. | Court and plea form warned Cardona of immigration risk, fulfilling statutory duty. | No manifest injustice; statutory advisement was given. |
| Ineffective Assistance of Counsel | Counsel failed to specifically advise about immigration consequences as required. | Cardona did not establish prejudice; his affidavit was self-serving/insufficient. | No prejudice shown; insufficient showing that but for error, he would have gone to trial. |
| Entitlement to Hearing | Should have had a hearing on his motion to withdraw guilty plea post-sentence. | No hearing required unless alleged facts would entitle him to relief. | No hearing needed; allegations did not require relief. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes standard for ineffective assistance of counsel)
- Padilla v. Kentucky, 559 U.S. 356 (defense counsel must advise noncitizen clients about immigration consequences of guilty pleas)
- State v. Francis, 104 Ohio St.3d 490 (trial courts must provide statutory advisement to noncitizen defendants)
- Hill v. Lockhart, 474 U.S. 52 (defendant must show reasonable probability of different outcome but for counsel’s errors)