Criminal Practice – Constitutional – Ineffective Assistance Claim – Guilty Plea – Immigration Consequences – Padilla – No Retroactive Application

Criminal Practice – Constitutional – Ineffective Assistance Claim – Guilty Plea – Immigration Consequences – Padilla – No Retroactive Application (access required)

State v. Alshaif Although Padilla v. Kentucky, 176 L. Ed. 2d 284 (2010), held that a criminal defense attorney must inform his client of any immigration consequences of a guilty plea, that was not the rule at the time defense counsel in this case advised defendant to plead guilty to assault with a deadly weapon inflicting serious injury.

Login required


You have clicked on a link to information that is exclusive to NC Lawyers Weekly subscribers.

	Email Address: Password:	Already a paid subscriber but not registered for online access yet? For instructions on how to get premium web access, click here. Forgot Password?

Interested in Subscribing?

Start by choosing how you'd like your news delivered.

- Print and Digital -

- Digital Only -

Try North Carolina Lawyers Weekly for a month
for only $39 AND get a free whitepaper:

Exit strategy: a solo and
small-firm lawyer's guide to
the how and when of retirement

Click here to subscribe now.

POST A COMMENT

Comments are closed.

Most Important Opinions

Tort/Negligence – STCA – Schools & School Boards – Bus/Van Collision – Right of Way – Bus Driver’s Lookout (access required)

Bartlett v. Wayne County Board of Education Plaintiffs contend that the majority of eyewitnesses in this case testified that the responding officer’s diagram depicting the accident scene was accurate, that the diagram demonstrates plaintiffs’ “van had to have been almost directly in front of the bus at the time [the bus driver] started her turn,” and that this evidence conclusively established that the bus driver failed to yield the right-of-way to plaintiffs’ van.

Taxation – State Income — U.S. Treasury Bonds – Market Discount Income – First Impression — Interest (access required)

Fidelity Bank v. North Carolina Department of Revenue Even though the N.C. Revenue Act uses the Internal Revenue Code to determine state net income, and even though the Code treats “market discount income” on U.S. Treasury bonds as interest for purposes of the Code, under the N.C. Revenue Act market discount income on U.S. Treasury bonds is treated as income rather than interest.

Contract – Forum Selection Clause – Arbitration – Labor & Employment (access required)

Apex Tool Group, LLC v. Ingersoll-Rand Co. Neither plaintiff nor the individual defendants are Texas residents; nevertheless, each of the individual defendants’ employment agreements includes an unambiguous and mandatory forum selection clause, which says any lawsuit involving the agreement must be brought in Harris County, Texas. The employment agreements were entered into by plaintiff’s predecessor and the individual defendants, who apparently did not live in Texas when they entered into the contracts and thus apparently anticipated interstate travel in the event of a trial.