Wednesday, January 18th, 2017

After Chaidez, Padilla Not Retroactive in Texas: Ex Parte De Los Reyes

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"Applicant below, Joel De Los Reyes, filed an application for writ of habeas corpus, in which he alleged that he received ineffective assistance of counsel because his trial counsel failed to advise Applicant that he was almost certainly subject to deportation after he pled guilty to a second crime of moral turpitude. See Padilla v. Kentucky, 130 S. Ct. 1473, 1483 (2010); see also 8 U.S.C. § 1227(a)(2)(A)(ii). The trial court denied the application, but the El Paso Court of Appeals granted relief, holding that the rule from Padilla should be applied retroactively and that trial counsel was ineffective under that rule. Ex parte De Los Reyes, 350 S.W.3d 723, 728-31 (Tex. App.—El Paso 2011). We granted the State’s petition for discretionary review and will reverse the judgment of the court of appeals because Padilla announced a new rule of constitutional criminal procedure not applicable to cases pending on collateral review. Chaidez v. United States, No. 11-820, 2013