Thursday, February 9th, 2017

Is Padilla Retroactive? One Texas Court Says Yes

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"We conclude that Olvera met his burden to show a reasonable probability that, but for his counsel's erroneous advice, he would not have pleaded guilty and would have insisted on going to trial. ... We also conclude that Padilla and Martinez apply retroactively to the time of the guilty plea." - Ex parte Olvera, June 20, 2012.