Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Friday, September 23, 2011

S.D. Ohio on Padilla, Coram Nobis

U.S. v. Reid, No. 1:97-cr-94, 2011 WL 3417235 (SD Ohio Aug. 4, 2011) (unpublished)

The court found that the defendant could use a writ of coram nobis to challenge a plea on Padilla grounds.  The court further found that Padilla was not a "new" rule and therefore it applied retroactively. Finding that he established prejudice, the court vacated and set aside his guilty plea.

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