State v. Lababidi
2012 Ohio 267
Ohio Ct. App.2012Background
- Lababidi pled guilty in 2007 to attempted receiving stolen property, drug trafficking, and drug possession in two cases.
- In 2010, U.S. deportation proceedings began against him based on the 2007 convictions.
- In 2010 Lababidi moved to vacate his convictions under Crim.R. 32.1; a hearing was held in September 2010; the court denied relief in April 2011.
- Lababidi appeals asserting ineffective assistance of counsel for not warning him about deportation consequences of his plea.
- The majority held the trial court did not abuse its discretion; advisement under R.C. 2943.031(A) cured any prejudice, if any.
- Lababidi argues innocence based on his son’s testimony, but the court notes a guilty plea admits guilt and limits appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of Crim.R. 32.1 relief was proper | Lababidi ( Lababidi ) argues ineffective assistance for deportation misadvice | State contends advisement cured prejudice and record supports denial | No abuse of discretion; relief denied |
Key Cases Cited
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (standard for manifest injustice in Crim.R. 32.1 relief)
- State v. Blatnik, 17 Ohio App.3d 201 (Ohio App.3d 1984) (abuse of discretion standard for post-sentence withdrawal)
- State v. Xie, 62 Ohio St.3d 527 (Ohio 1992) (abuse of discretion review standard)
- Padilla v. Kentucky, 559 U.S. _ (U.S. 2010) (defendant must be advised of deportation risk; counsel effective assistance)
- State v. Velazquez, 2011-Ohio-4818 (Ohio App. 2011) (deportation advisement under RC 2943.031 cures prejudice)
- State v. Flores, 57 So.3d 218 (Fla. 4th DCA 2010) (counsel misadvice analyzed with court advisement)
- State v. Bains, 2010-Ohio-5143 (Ohio App. 2010) (cited for curing prejudice via proper advisement)