Juan A. B. Garcia v. State of Tennessee

This case involves the immigration consequences of a guilty plea. The defendant was an alien unlawfully in the U.S. He pled guilty to abuse of a child over the age of six and neglect of a child age six or less. He was promptly expelled from the U.S. He attempted to reenter the country illegally, was caught and incarcerated in Texas. He is petitioning the Court for post-conviction relief. He claims that he was denied effective assistance of counsel because his counsel did not adequately inform him of the immigration consequences of his plea. He also argues that the Trial Judge erred by failing to determine whether the defendant has been advised of the immigration consequences of the plea.

Issues:

  1. Whether a defendant's right to Assistance of Counsel, under the Sixth Amendment of the U.S. Constitution and Art. I, Sect. 9 of the Tenn. Constitution, has been violated when his attorney has not fully advised him of the immigration consequences of his guilty plea.
  2. Whether a defendant's guilty plea violates the Due Process Clause when the trial judge accepting that plea fails to determine that the defendant has been advised by counsel of the immigration consequences of the plea.

Documents

  1. Opinion of the Tennessee Court of Criminal Appeals, December 7, 2012
  2. Supplemental Brief of the Appellant to the Tennessee Supreme Court, May 8, 2013
  3. Brief of the State of Tennessee, July 22, 2013
  4. Reply Brief of the Appellant, August 5, 2013
  5. Case Summary with Explanatory Materials, Supplied by the Court for MTSU SCALES Students and Faculty
  6. Student Handouts/Worksheets, on Federalism, the Tennessee Supreme Court, the Role of Precedent, and Case Study Procedure
  7. Student Handout on the Judicial Branch of Tennessee State Government
  8. MTSU SCALES Handbook