State v. Lopez
1501011238
| Del. Super. Ct. | Oct 3, 2016Background
- Defendant Elder Cax Lopez, a Guatemalan national born May 5, 1992, was investigated after a 14-year-old female became pregnant and identified Lopez as her 22-year-old sexual partner.
- Police interviewed the victim and, on Jan 13, 2015, interviewed Lopez with an interpreter; Lopez admitted dating the 14-year-old and engaging in sexual intercourse on two occasions.
- Lopez was charged with two counts of Rape in the Fourth Degree; he pled guilty to one count on June 3, 2015 and was sentenced on July 24, 2015 to 15 years at Level V with partial suspension.
- After sentencing, ICE placed a detainer and took Lopez into custody; he did not appeal his plea and timely filed his first postconviction relief motion under Del. Super. Ct. Crim. R. 61.
- Lopez’s postconviction claims alleged ineffective assistance of counsel (failure to advise about immigration consequences, improper waiver of preliminary hearing, denial of opportunity to go to trial), a Sixth Amendment right-to-counsel violation, and actual innocence.
- The court denied relief, finding Lopez knowingly and voluntarily pleaded guilty, counsel’s performance was not deficient, no Sixth Amendment violation occurred, and the facts (admission, victim’s age, pregnancy) foreclosed an actual-innocence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to advise on immigration consequences | Lopez: counsel did not properly explain plea’s deportation risk (Padilla claim) | Court: Lopez signed plea form acknowledging noncitizen consequences and colloquy shows he was warned | Denied — counsel not ineffective; Lopez was informed and bound by plea answers |
| Ineffective assistance — waiver of preliminary hearing | Lopez: counsel induced waiver and failed to challenge probable cause | Court: probable cause existed based on Lopez’s admission; waivers are customary for police report exchange | Denied — no deficient performance or prejudice |
| Ineffective assistance — denial of trial opportunity | Lopez: counsel did not give opportunity to go to trial; victim’s alleged consent would negate crime | Court: plea colloquy and plea form show plea was voluntary and Lopez admitted guilt; consent irrelevant to statutory offense | Denied — plea voluntary and knowing |
| Sixth Amendment right to counsel | Lopez: denied counsel at preliminary hearing | Court: bond hearing was not a preliminary hearing; his incriminating statement to police was made before arrest and before Sixth Amendment attachment; counsel provided thereafter | Denied — no Sixth Amendment violation |
| Actual innocence | Lopez: relationship was consensual and victim didn’t complain; no forcible compulsion | Court: fourth-degree rape requires only sexual intercourse with person under 16; Lopez admitted intercourse and victim was 14 and impregnated | Denied — no reasonable doubt of guilt |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-part ineffective assistance standard)
- Padilla v. Kentucky, 559 U.S. 356 (counsel must advise about deportation risk of plea)
- Fellers v. United States, 540 U.S. 519 (limitations on post-indictment interrogation without counsel)
- Michigan v. Jackson, 475 U.S. 625 (police interrogation of a defendant after assertion of counsel rights implicates the Sixth Amendment)
- Maine v. Moulton, 474 U.S. 159 (affirmative obligation to respect accused’s choice to seek counsel)
- Miranda v. Arizona, 384 U.S. 436 (Miranda warnings protect Fifth Amendment rights during custodial interrogation)
- Carnley v. Cochran, 369 U.S. 506 (right to counsel in criminal prosecutions is fundamental)
- McLeod v. Ohio, 381 U.S. 356 (statements after attachment of Sixth Amendment right are subject to counsel protections)
- Herrera v. Collins, 506 U.S. 390 (actual innocence is generally not an independent ground for collateral relief)