State v. Tapia-Cortes, 75 N.E.3d 878

Mateo Tapia-Cortes, a Mexican national and legal U.S. resident since 2013, was charged with misdemeanor domestic violence on October 14, 2015.
On October 15, after a brief first meeting with court-appointed counsel, Tapia-Cortes pled guilty the same day; the municipal judge orally advised him of possible immigration consequences and he signed English and Spanish advisement forms.
Tapia-Cortes claims defense counsel never advised him that a domestic-violence conviction would mandate deportation; counsel acknowledged not being an immigration specialist and had no clear recollection of specific immigration advice.
After the plea Tapia-Cortes was detained by ICE and placed in deportation proceedings; seven weeks after the plea he filed a post-sentence Crim.R. 32.1 motion to withdraw his guilty plea under Padilla v. Kentucky.
The municipal court denied the motion, reasoning the court’s R.C. 2943.031 advisement cured any attorney deficiency; the Court of Appeals reversed, finding counsel’s failure deficient and that Tapia-Cortes established Strickland prejudice despite the court advisement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying a post-sentence motion to withdraw a guilty plea based on counsel's alleged Padilla violation	The court's R.C. 2943.031 advisement (and prior precedent) cures any prejudice from counsel's failure to advise; no manifest injustice shown	Counsel failed to advise that a conviction for domestic violence is deportable under federal law; had he known deportation was mandatory he would not have pled guilty	Reversed: counsel's failure was deficient under Padilla and Tapia-Cortes established Strickland prejudice despite the court's advisement; plea withdrawal required and case remanded

Padilla v. Kentucky, 559 U.S. 356 (2010) (counsel must advise noncitizen clients of deportation consequences when those consequences are clear)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel: deficient performance and prejudice)