Monday, October 22, 2007

Wrong Advice Claim Requires Hearing

A criminal defendant pleaded guilty to a charge of selling cocaine. He alleged that his counsel had erroneously advised him about the effect of the conviction on his immigration status. The trial court's order denying the claim of ineffective assistance of counsel was reversed by the Court of Criminal Appeals of Tennessee and remanded for an evidentiary hearing. The court distinguished a prior case involving failure to inform a defendant of the collateral consequence of deportation from this case, which alleges that the lawyer gave incorrect advice. (Mike Frisch)

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