§Why CasetextPricing

PEOPLE v. MARTINEZ

Appellant’s Petition for Review

17 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,620 times   176 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,600 times   131 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

  3. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 19,989 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

  4. Immigration & Naturalization Service v St. Cyr

    533 U.S. 289 (2001)   Cited 1,383 times   1 Legal Analyses
    Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

  5. People v. Superior Court of San Joaquin Cnty. (Zamudio)

    23 Cal.4th 183 (Cal. 2000)   Cited 521 times
    Recognizing a new theory may be presented for the first time on appeal if "it raised only a question of law and can be decided based on undisputed facts"

  6. People v. Totari

    28 Cal.4th 876 (Cal. 2002)   Cited 342 times
    Holding denial of motion to vacate conviction appealable under section 1237, subdivision (b), because basis of motion was noncitizen defendant's substantial right to complete advisement of immigration consequences prior to entry of plea

  7. People v. Shaw

    64 Cal.App.4th 492 (Cal. Ct. App. 1998)   Cited 150 times
    Requiring clear and convincing proof before withdrawing plea

  8. Ruiz-Vidal v. Gonzales

    473 F.3d 1072 (9th Cir. 2007)   Cited 105 times   1 Legal Analyses
    Holding California law punishes some substances not included in the Controlled Substances Act, 21 U.S.C. § 802

  9. Delgadillo v. Carmichael

    332 U.S. 388 (1947)   Cited 153 times   1 Legal Analyses
    Holding that a nonresident does not make an "entry" into the United States when he had no intent to "depart," or left involuntarily

  10. People v. Limon

    179 Cal.App.4th 1514 (Cal. Ct. App. 2009)   Cited 71 times
    In People v. Limon (2009) 179 Cal.App.4th 1514, 1519, this court rejected a claim of ineffective assistance of counsel and denied a section 1016.5 motion to vacate when the record reflected the defendant had been advised by the trial court of immigration consequences as set forth in the statute.

  11. Section 1326 - Reentry of removed aliens

    8 U.S.C. § 1326   Cited 30,990 times   32 Legal Analyses
    Defining offense elements

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,702 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,832 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  14. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,834 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  15. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)