Ohio Court of Appeals remands in Padilla case

State v. Yahya, 2011 WL 5868794 (Ohio Ct. App. Nov. 22, 2011).

In this Padilla motion case, the court found the defendant received ineffective assistance of counsel because (1) her attorney failed to properly advise her that she was pleading to an aggravated felony (she received incorrect advice) and (2) she established prejudice because she would not have pled guilty if properly advised.  The court remanded for further factual inquiry as to the truth of the defendant's assertions.