Ex Parte Yadher Murillo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding no prejudice based partly on strong evidence of guilt where offense report reflected that responding officer heard complainant screaming and saw defendant assaulting complainant or “on top of her,” and applicant did not dispute facts in offense report
• noting applicant failed to present evidence that he likely would receive probation if convicted at trial
• finding against the defendant on the issue of prejudice when, among other considerations, “[the defendant] presented no affirmative evidence that he had any factual or legal defenses to the charge, or that he believes he was not guilty [of the offense charged].”
• “An applicant’s failure to express concerns about immigration consequences after receiving repeated warnings also may be a prejudice factor to consider.”
• “Plea counsel performs deficiently if he ‘merely mentions the possibility of deportation when the relevant immigration provisions are presumptively mandatory.’”
• applicant’s failure to present affirmative evidence that he had any factual or legal defense to the charge, or that he believed he was not guilty of assaulting his wife, weighed against finding prejudice

Source: CourtListener parenthetical corpus (CC0).