Willamette Law Online

Oregon Court of Appeals


Saldana-Ramirez v. State of Oregon

Summarized by: 

Date Filed: 03-13-2013
Case #: A145980
Haselton, C.J. for the Court; Duncan, P.J. and Rasmussen, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145980.pdf

Criminal Procedure: Defendant's Padilla-based post-conviction claim could not stand because Padilla was decided after he was convicted, and it does not apply retroactively.

Defendant appeals a denial of post-conviction relief. Non-citizen Defendant pleaded guilty and was convicted of felony failure to appear after failing to appear for charges of felony fourth-degree assault and misdemeanor fourth-degree assault. Defendant sought post-conviction relief on the grounds that his attorney's legal advice was inadequate under Padilla v. Kentucky because he was not sufficiently informed that a felony conviction may lead to deportation. The Court upheld the lower court's denial of relief because Padilla was issued after Defendant's conviction was handed down. The Court applied the Supreme Court's holding in Chaidez v. United States which stated that Padilla does not apply retroactively to final judgments handed down before the case was decided. Affirmed.