Zemene v. Clarke

Pursuant to a plea agreement, Appellant, a native of Ethiopia, pleaded guilty to petit larceny. At no time did Appellant’s court-appointed attorney advise Appellant of the collateral consequences of the plea and sentence upon his immigration status. Appellant was subsequently informed that he was subject to removal as a result of his conviction. Appellant filed a petition for writ of habeas corpus, alleging that his counsel had rendered ineffective assistance. The circuit court sustained the Commonwealth’s motion to dismiss the petition, concluding that Appellant was not prejudiced from his counsel’s failure to advise him of the adverse consequences on his immigration status of accepting the plea agreement. The Supreme Court reversed, holding that the circuit court applied an incorrect standard for determining whether prejudice resulted from the attorney’s failure to advise Appellant of the negative consequences of accepting the plea agreement. View "Zemene v. Clarke" on Justia Law