State v. McCubbin, 2014 Ohio 4216

McCubbin pleaded guilty in two joined cases under a plea agreement.
Court advised him of potential deportation consequences due to his noncitizen status.
McCubbin was sentenced to nine months for drug trafficking, concurrent with identity theft.
He moved to withdraw his plea (June 2013) claiming lack of knowingly, intelligently, and voluntarily entered plea due to immigration ramifications.
Trial court denied the motion without a hearing on the basis that deportation consequences were properly advised with counsel present.
Appellate court affirmed denials, applying res judicata to the postconviction withdrawal claims and discussing Padilla and RC 2943.031 advisement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of Crim.R. 32.1 withdrawal was proper given ineffective assistance claim	McCubbin argues counsel misadvised him on immigration effects	State contends advisement cured prejudice and res judicata bars relitigation	Denied; court held no abuse of discretion due to res judicata and adequate advisement
Whether the postconviction relief denial warranted an evidentiary hearing	McCubbin claims need for hearing to prove ineffective assistance	State maintains no hearing required where record supports advisement	Denied; no hearing required given record and advisement findings

State v. Lababidi, 2012-Ohio-267 (8th Dist. Cuyahoga No. 96755) (R.C. 2943.031(A) advisement suffices to cure prejudice from counsel error)
State v. Velazquez, 2011-Ohio-4818 (8th Dist. Cuyahoga No. 95978) (reliance on advisement to cure prejudice)
State v. Bains, 2010-Ohio-5143 (8th Dist. Cuyahoga No. 94330) (advisement sufficiency and lack of credibility issues)
State v. Creary, 2004-Ohio-858 (8th Dist. Cuyahoga No. 82767) (remand when active misadvising law; not controlling here due to plea benefit)
Padilla v. Kentucky, 559 U.S. 356 (2010) (ineffective assistance for misadvising immigration consequences; prejudice inquiry remanded)