Commonwealth v. Sylvain (Lawyers Weekly No. 10-036-16)
Noncitizen defendant's guilty plea vacated where counsel gave erroneous advice about deportation consequences and judge found immigration concerns were a live issue during plea negotiation.
Noncitizen defendant's guilty plea vacated where counsel gave erroneous advice about deportation consequences and judge found immigration concerns were a live issue during plea negotiation.
Noncitizen defendant's guilty plea vacatur motion based on counsel's erroneous deportation advice remanded for prejudice findings; Padilla applies retroactively under state law.