State v. Diaz

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Servio Diaz, a Honduran disaster refugee with authorization to reside in the U.S., pled guilty pursuant to a plea agreement to misdemeanor charges of attempted possession of a controlled substance, cocaine, and driving while intoxicated. Diaz subsequently filed a motion for a writ of error coram nobis, seeking relief on the basis that his counsel was ineffective when counsel failed to advise Diaz of potential deportation consequences he would face when he entered his guilty plea. The district court determined that Diaz had not established entitlement to relief and denied the motion. The Supreme Court affirmed but on different grounds, concluding that the error asserted by Diaz was not an appropriate basis for relief by a writ of error coram nobis. View "State v. Diaz" on Justia Law