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RIVERA v. STATE

No. 80, September Term, 2008.

973 A.2d 218 (2009)

409 Md. 176

Juan RIVERA v. STATE of Maryland.

Court of Appeals of Maryland.

June 10, 2009.

Attorney(s) appearing for the Case

Daniel H. Ginsburg and Gary E. Bair (Rachel Marblestone Kamins and Erica J. Suter, Bennett & Bair, LLC, Greenbelt), on brief, for Petitioner/Cross-Respondent.

Maureen A. Sweeney, Clinical Law Instructor, Baltimore, Brief of Amici Curiae Faculty Members of the University of Baltimore School of Law and the University of Maryland School of Law and the National Immigration Project of the National Lawyers Guild in Support of Petitioner.

Mary Ann Ince, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., Baltimore), on brief, for Respondent/Cross-Petitioner.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, IRMA S. RAKER, (Retired, Specially Assigned) and ALAN M. WILNER, (Retired, Specially Assigned), JJ.

GREENE, Judge.

In October of 2003, Juan Rivera, the petitioner, pled guilty to one count of contributing to acts, omissions, or conditions rendering a child in need of assistance in violation of Md.Code (1973, 2002 Repl.Vol.) § 3-828 of the Courts and Judicial Proceedings Article. Subsequently, Mr. Rivera sought coram nobis relief, alleging that his plea was not made voluntarily and was not supported by a factual basis. At issue in this appeal is whether the...

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