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COM. v. FUARTADO

No. 2003-SC-1022-DG.

170 S.W.3d 384 (2005)

COMMONWEALTH of Kentucky, Appellant, v. Joscelyn FUARTADO, et al., Appellees.

Supreme Court of Kentucky.

August 25, 2005.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General, David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for Appellant.

Joseph Ray Myers, Assistant Public Advocate, Department of Public Advocate, Frankfort, David E. Funke, Crestwood, for Appellees.

GRAVES, Justice.

Appellee, Joscelyn Fuartado, is a native and citizen of Jamaica. This Court granted discretionary review to determine whether failure of defense counsel to advise Appellee of potential deportation consequences is cognizable as a claim for ineffective counsel. In a decision designated for publication, a Court of Appeals panel vacated the trial court's denial of Appellee's post conviction relief from a 1997 guilty plea to marijuana trafficking. The...

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