Maryland Court of Special Appeals Case Summaries: February 6, 2011

Summary


Immigration

Retroactivity of law

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Maryland Court of Special Appeals Case Summaries: February 6, 2011

BOTTOM LINE: The Supreme Court decision in Padilla v. Kentucky did not apply retroactively to defendant's case and, therefore, defendant's 1999 guilty plea was valid, even though he was not advised, prior to acceptance of his plea, of the immigration consequences attendant to his plea.

CASE: Miller v. State, No. 1907, Sept. Term, 2009 (filed Dec. 29, 2010) (Judges Meredith, Wright & MOYLAN (retired, specially assigned)).

FACTS: In the circuit court on June 1, 1999, Lincoln Miller, a native of Belize, tendered a plea of guilty to the charge of ...

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