Court Clarifies Responsibility for Immigration Notifications

The Tennessee Supreme Court today upheld the conviction of a man who said he was not aware that his guilty plea would result in his deportation or that it would adversely affect his future eligibility to return legally to the United States. The court made the ruling after finding that the defendant’s lawyer had provided the appropriate notification even though the trial court did not discuss the consequences or inquire whether the attorney had done so. However, the court declined to decide in general whether the federal or state constitution requires courts to advise a person pleading guilty of the immigration consequences of the plea. In this particular case, the court said the lack of a court notice was “harmless” because the attorney had already provided the information.

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