Requests? only one.
Do I know about the issue? yes, we even discussed it briefly at the open forum in the last OAMA convention. District courts are already giving the warning in all felony cases and in misdemeanors involving moral turpitude.
For municipal court, that will primarily mean petty larceny, leaving the scene of an accident and A&B cases. There may be others.
Is the requester a person actually at risk because of the lack of the Padilla warning? E.g. do they have a green card or are they aliens? Padilla does not apply to U.S. citizens as they are not in danger of deportation or other change of immigration status/renewal. If the requester has standing, I would consider it a failure in procedural due process, vacate the judgment, and allow the defendant to re-plead - which hopefully will be "no contest", and a deferred sentence upon payment. Otherwise, you will need a whole new trial - although then you can record a conviction which has the feared legal consequences with ICE.
Note that I expect more of this as Padilla has been adopted in a number of states by statute (with small changes from the federal case law) and there are several criminal defense firms trying to expand it in Oklahoma now.
For what it is worth, I believe we will be doing an hours on Municipal Court at the Spring Conference, and I plan on talking about it then.
Mike Vanderburg
Ponca City
-----Original Message-----
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Vicki Floyd
Sent: Friday, February 14, 2020 10:15 AM
To: oama@lists.imla.org
Subject: [Oama] Padilla v. Kentucky
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
Is anyone getting requests for post conviction relief based on Padilla? How are these being handled? Thanks!
Vicki Floyd
Midwest City Prosecutor
100 N. Midwest City Boulevard
Midwest City, OK 73110
(405) 739-1284
--
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Requests? only one.
Do I know about the issue? yes, we even discussed it briefly at the open forum in the last OAMA convention. District courts are already giving the warning in all felony cases and in misdemeanors involving moral turpitude.
For municipal court, that will primarily mean petty larceny, leaving the scene of an accident and A&B cases. There may be others.
Is the requester a person actually at risk because of the lack of the Padilla warning? E.g. do they have a green card or are they aliens? Padilla does not apply to U.S. citizens as they are not in danger of deportation or other change of immigration status/renewal. If the requester has standing, I would consider it a failure in procedural due process, vacate the judgment, and allow the defendant to re-plead - which hopefully will be "no contest", and a deferred sentence upon payment. Otherwise, you will need a whole new trial - although then you can record a conviction which has the feared legal consequences with ICE.
Note that I expect more of this as Padilla has been adopted in a number of states by statute (with small changes from the federal case law) and there are several criminal defense firms trying to expand it in Oklahoma now.
For what it is worth, I believe we will be doing an hours on Municipal Court at the Spring Conference, and I plan on talking about it then.
Mike Vanderburg
Ponca City
-----Original Message-----
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Vicki Floyd
Sent: Friday, February 14, 2020 10:15 AM
To: oama@lists.imla.org
Subject: [Oama] Padilla v. Kentucky
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
Is anyone getting requests for post conviction relief based on Padilla? How are these being handled? Thanks!
Vicki Floyd
Midwest City Prosecutor
100 N. Midwest City Boulevard
Midwest City, OK 73110
(405) 739-1284
--
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
