Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Friday, February 17, 2012

Michigan: Padilla is not retroactive

People v. Gomez, No. 302485 (Mich. App. Feb. 14, 2012) (published)

Unhappy Valentine's Day indeed.  The Michigan Court of Appeals concluded that Padilla announced a new rule and therefore does not apply retroactively.  This is the first published decision binding in Michigan.  It will hopefully be challenged in the Michigan Supreme Court.

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