Volcimus v. State
Volcimus v. State
Opinion of the Court
The defendant appeals an order denying his post-conviction relief motion. In his motion the defendant argued that he was not afforded effective assistance of trial counsel because his counsel did not adequately warn him of the immigration consequences of his plea, as required by Padilla v. Kentucky, — U.S.—, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).
On the authority of Hernandez, we reverse the order and remand for an eviden-tiary hearing consistent with that opinion.
Reversed and remanded.
. The defendant entered a plea and was sentenced after the date Padilla became final. Therefore this case presents no issue regarding the retroactive application of Padilla.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.