RAMIREZ v. STATE

No. 33,604.

333 P.3d 240 (2014)

2014-NMSC-023

Martin RAMIREZ, a/k/a Richard G. Sanchez, Jr., Petitioner-Respondent, v. STATE of New Mexico, Respondent-Petitioner.

Supreme Court of New Mexico.

June 19, 2014.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, William H. Lazar , Assistant Attorney General, M. Victoria Wilson , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Dane Eric Hannum , Albuquerque, NM, for Respondent.

Rebecca Kitson Law, Rebecca Kitson , Albuquerque, NM, Christopher N. Lasch , University of Denver Sturm College of Law, Denver, CO, for Amici Curiae, Professors Barbara Bergman, Barbara Creel, Rebecca Kitson, and Jennifer Moore and the National Immigration Project of the National Lawyers Guild.

The Appellate Law Office of Scott M. Davidson, Ph.D., Esq. , Scott M. Davidson, Albuquerque, NM, for Amicus Curiae, New Mexico Criminal Defense Lawyers Association.


OPINION

CHÁVEZ, Justice.

In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client "must advise that client of the specific immigration consequences of pleading guilty" to pending charges. An attorney's failure to do so will be ineffective assistance of counsel if the client is prejudiced...

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