State v. Martinez
291 Ga. 455
Ga.2012Background
- Martinez is a non-citizen who became a lawful permanent resident on May 9, 2008.
- He pled guilty to aggravated battery on Oct. 25, 2010, receiving a probated sentence of seven years.
- ICE has detained him for possible deportation and banishment.
- In 2011 he filed a habeas corpus petition alleging ineffective assistance of plea counsel.
- The habeas court granted relief, finding counsel misadvised about immigration consequences, and the State appealed.
- The appellate court reversed, holding no prejudice from counsel’s performance under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea counsel’s performance was deficient under Strickland. | Martinez argues counsel misadvised about immigration risk. | Martinez’s last name used; court focuses on deficient performance. | No prejudice shown; counsel’s alleged misadvice did not change the outcome. |
| Whether the plea colloquy and warnings foreclose prejudice. | Colloquy suggested potential deportation; prejudice shown. | Colloquy warnings, plus no ICE hold, negate prejudice. | Trial court warnings satisfied; prejudice not proven. |
| Whether contemporaneous counsel contradiction undermines Padilla cure. | Contradictory advice by counsel undermines warnings. | No such contradiction shown by evidence. | Contradiction not demonstrated; warnings remained consistent. |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (warnings about immigration consequences govern prejudice inquiry under Strickland)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Frazier v. Mathis, 286 Ga. 647 (2010) (applies Strickland standard in Georgia; collateral consequences insufficient alone)
- Smith v. State, 287 Ga. 391 (2010) (immigration consequences are collateral; prejudice required)
- Rios v. State, 281 Ga. 181 (2006) (proper prejudice assessment under Strickland in Georgia)
- Taylor v. State, 304 Ga. App. 878 (2010) (prejudice inquiry in Plea context)
- United States v. Hernandez-Monreal, 404 Fed. Appx. 714 (2010) (fourth circuit on Padilla impact after plea colloquy)
- Walker v. Hagins, 290 Ga. 512 (2012) (affirming need for prejudice showing; appellate relief reversed)