JOSE RODRIGUEZ A.K.A. ALEX LOPEZ v. STATE OF TENNESSEE - Articles

All Content

JOSE RODRIGUEZ A.K.A. ALEX LOPEZ v. STATE OF TENNESSEE

Posted by: Tanja Trezise on Apr 4, 2014

Court: TN Supreme Court

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Solicitor General; James E. Gaylord, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the State of Tennessee.

Attorneys 2:

Sean Lewis, Nashville, Tennessee, for the petitioner, Jose Rodriguez.

Elliott Ozment, Tricia R. Herzfeld, and R. Andrew Free, Nashville, Tennessee, for the amici curiae, Tennessee Law Professors and the National Immigration Project of the National Lawyers Guild.

Judge(s): HOLDER

The petitioner, a Mexican citizen, entered a guilty plea to the misdemeanor charge of patronizing prostitution and was granted judicial diversion. After successfully completing his diversion, the petitioner’s criminal record was expunged. More than three years after the entry of his plea, the petitioner filed a petition for post-conviction relief alleging that trial counsel failed to advise him of the potential immigration consequences of his guilty plea as required by Padilla v. Kentucky, 559 U.S. 356 (2010). The trial court dismissed the petition as time-barred. The Court of Criminal Appeals held that a petitioner whose record has been expunged may not obtain post-conviction relief and affirmed the trial court’s summary dismissal of the petition. We granted the petitioner permission to appeal. Following our review, we conclude that a guilty plea expunged after successful completion of judicial diversion is not a conviction subject to collateral review under the Post-Conviction Procedure Act. We therefore affirm the judgment of the Court of Criminal Appeals.

Attachments: