Friday, May 25th, 2018

Is Padilla Retroactive? One Texas Court Says Yes

"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.