Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Alshaif, 219 N.C. App. 162 (Feb. 21, 2012)
The court held that Padilla v. Kentucky, 559 U.S. 356 (Mar. 31, 2010), dealing with ineffective assistance of counsel in connection with advice regarding the immigration consequences of a plea, did not apply retroactively to the defendant’s motion for appropriate relief. Applying Teague retroactivity analysis, the court held that Padilla announced a new procedural rule but that the rule was not a watershed one. [Author’s note: for the law on retroactivity and the Teague test, see my paper here]