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Today, the Minnesota Court of Appeals reversed a decision of the District Court in Olmsted which denied, without a hearing, the client’s attempt to withdraw a guilty plea (counseled by his previous attorney) which resulted in his deportation.

The decision, Anyide-Ocloo v. State, addressed the issue of what facts must be alleged to allow a client to withdraw a guilty plea when he was not advised that his plea would result in his deportation.  Newmark argued at the District Court that his client had not been advised that his plea would result in his deportation, and that he would not have agreed to plead guilty had he known.

The State argued to the District Court, and the Court agreed, that this was insuffient to withdraw the plea, as a general warning as to adverse immigtation consequences was sufficient, and that the decision to plead guilty was rational anyway.

The Court of Appeals disagreed on both counts, agreeing with Newmark’s argument that these alleged facts were sufficient to require a hearing on both issues.

A hearing will be scheduled in Olmsted County.

The full decision can be read here.