Can a motion to withdraw from a criminal proceeding be granted under the Kentucky Civil Code?
California, United States of America
The following excerpt is from People v. Patterson, E060758 (Cal. App. 2015):
Defendant, however, argues that his motion to withdraw should have been granted under Padilla v. Kentucky, supra, 559 U.S. 356. However, as discussed ante, in Padilla, defense counsel gave incorrect advice to her noncitizen client by advising him that a guilty plea would have no consequences for the defendant's immigration status. (Id. at p. 359.) There was no misadvisement in this case. Instead, defendant was fully aware of the immigration consequences.
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