Miller v. State

In 1999, Petitioner pled guilty to a drug offense. Petitioner subsequently filed a petition for a writ of error coram nobis, asserting that his guilty plea was not voluntarily made due to his counsel's failure to advise him of the possible immigration consequences of his plea. The circuit court denied the petition. While Petitioner's appeal was pending, the U.S. Supreme Court decided Padilla v. Kentucky. On appeal, the court of special appeals determined that Padilla did not retroactively apply to vacate Petitioner's conviction. The Court of Appeals reversed. On remand, the court of special appeals again affirmed the denial of Petitioner's petition because Petitioner had not raised the issue of ineffective assistance of counsel in his plea. The Court of Appeals granted certiorari, but prior to oral argument, the U.S. Supreme Court held that Padilla did not apply retroactively. The Court of Appeals affirmed the denial of Petitioner's petition for coram nobis relief, holding that Petitioner's claims of involuntariness or ineffective assistance of counsel did not have independent state bases in Maryland in 1999. View "Miller v. State" on Justia Law