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278 P.3d 569
N.M. Ct. App.
2012
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Background

  • Petitioner Martin Ramirez, also known as Richard Sanchez, sought coram nobis to vacate a 12-year-old misdemeanor conviction.
  • Paredez requires defense counsel to inform non-citizen defendants of specific immigration consequences before pleading guilty.
  • Padilla holds counsel must inform whether plea carries risk of deportation.
  • District court denied relief, ruling Paredez not retroactive to collateral review.
  • Appellate court held Paredez and Padilla are retroactive and remanded for potential withdrawal of the plea.
  • Convictions involved possession of marijuana (under one ounce), drug paraphernalia, and concealing identity; AEDPA affected discretionary relief from deportation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Paredez and Padilla apply retroactively on collateral review. Ramirez—retroactive. State—rule not retroactive. Paredez/Padilla are retroactive.
What is the proper retroactivity framework for Paredez/Padilla under Teague? Retroactivity under Teague allows retroactive application. Old rule analysis supports non-retroactivity. Padilla and Paredez constitute old rules retroactive under Teague.
Was Petitioner prejudiced by lack of immigration-consequences advice before pleading guilty? Petitioner lacked information to decide plea; prejudice shown. State did not contest factual basis; no prejudice established. Petitioner established deficient performance and prejudice; remand for withdrawal opportunity.

Key Cases Cited

  • Paredez v. State, 136 N.M. 533 (N.M. 2004) (ineffective assistance for failing to advise on immigration consequences; retroactivity analyzed)
  • Padilla v. Kentucky, 130 S. Ct. 1473 (S. Ct. 2010) (counsel must inform client whether plea carries deportation risk; retroactivity analyzed under Teague framework)
  • Teague v. Lane, 489 U.S. 288 (U.S. 1989) (test for retroactivity of new rules on collateral review)
  • Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (established framework for evaluating Strickland claims; general applicability of rule)
  • Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (plea-related collateral challenges; lack of flood of collateral claims)
  • Immigration & Naturalization Serv. v. St. Cyr, 533 U.S. 289 (U.S. 2001) (discretionary relief before deportation; context for deportation consequences)
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Case Details

Case Name: State v. Ramirez
Court Name: New Mexico Court of Appeals
Date Published: Apr 16, 2012
Citations: 278 P.3d 569; 2012 NMCA 57; 2012-NMCA-057; 30,205
Docket Number: 30,205
Court Abbreviation: N.M. Ct. App.
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