In Re Priscilla Graham Individually and A/N/F of Minor Child E.S. v. the State of Texas

How courts have described this case

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

• holding that the district court’s “general and equivocal” warning that the petitioner’s plea “could lead to deportation” was “insufficient to correct counsel’s affirmative misadvice that [the petitioner’s] crime was not categorically a deportable offense” (footnote omitted)
• requiring that “adverse consequences exist from the conviction sufficient to satisfy the case or controversy requirement of Article III”
• examining merits of constitutional claim in order to determine whether error is “of the most fundamental character”
• stating that the determination of whether a defendant was prejudiced by an error includes consideration of whether “the consequences 3 USCA4 Appeal: 16-4471 Doc: 47 Filed: 02/02/2023 Pg: 4 of 5 at stake are particularly severe” (internal quotation marks omitted)
• requiring a showing that but for the constitutional error the petitioner would not have pled guilty and would have instead gone to trial
• finding the second coram nobis element satisfied where the petitioner “had no reason to challenge the conviction” earlier “as his attorney’s advice, up to that point in time, appeared accurate”

Source: CourtListener parenthetical corpus (CC0).