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Failure to advise of possible deportation not IAC where court advised of it

By John Wesley Hall, Jr.

Failure to advise the defendant of potential deportation as a collateral consequence of guilty plea was not IAC. The court advised the defendant it was likely at the time of the guilty plea. State v. Hamilton, 2008 Ohio 455, 2008 Ohio App. LEXIS 413 (8th Dist. February 7, 2008): [*P18] The duty to notify a defendant of the potential for deportation belongs to the trial court, not counsel. [citing cases] Here, as previously discussed, the trial court fulfilled its obligation by clearly informing Hamilton that deportation was a possible consequence of his plea. Consequently, Hamilton has not demonstrated any prejudice to himself as a result of counsel's alleged failure to notify him of the possibility of deportation.

Full post as published by Law Of Criminal Defense on February 09, 2008 (boomark / email).