Oyekoya v. State
| Decision Date | 17 November 1989 |
| Docket Number | 8 Div. 383 |
| Citation | 558 So.2d 990 |
| Parties | Wale OYEKOYA v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Steven A. Backer, Huntsville, for appellant.
Don Siegelman, Atty. Gen., and Venessa Campbell, Asst. Atty. Gen., for appellee.
This is an appeal from the denial of a petition for post-conviction relief. Wale Oyekoya challenges his two 1987 guilty plea convictions for theft on the grounds of ineffective assistance of counsel. We find that the petition was properly denied.
The petitioner has failed to prove by a preponderance of the evidence the facts necessary to entitle him to relief. Rule 20.3, A.R.Cr.P.Temp. The petitioner claims that his counsel was ineffective because counsel failed to inform him of the possibility of deportation as a result of his guilty plea. At the evidentiary hearing held on the petition, the assistant district attorney stated that the prosecutor who represented the State at the entry of the petitioner's guilty pleas would testify, if available, that the petitioner's defense counsel, Henry Mims, was deceased and that the petitioner and Mims Here, the petitioner did not submit "clear, full and satisfactory proof" of the allegations of his petition. Summers v. State, 366 So.2d 336, 343 (Ala.Cr.App.1978), cert. denied, Ex parte Summers, 366 So.2d 346 (Ala.1979).
Furthermore, "counsel's failure to advise the defendant of the collateral consequences of a guilty plea, such as deportation, cannot rise to the level of constitutionally ineffective assistance." United States v. Campbell, 778 F.2d 764, 768 (11th Cir.1985). See also United States v. Romero-Vilca, 850 F.2d 177, 179 (3rd Cir.1988) ( ); Annot., 10 A.L.R.4th 8 (1981).
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Padilla v. Ky., No. 08-651
... ... Also, informed consideration of possible deportation can benefit both the State ... and noncitizen defendants, who may be able to reach agreements that better ... satisfy the interests of both parties. This decision will not ... Ashcroft , 358 F.3d ... 1251 (CA10 2004); United States v. Campbell , 778 ... F.2d 764 (CA11 1985); Oyekoya v. State , 558 So. 2d ... 990 (Ala. Ct. Crim. App. 1989); State v. Rosas , ... 183 Ariz. 421, 904 P.2d 1245 (App. 1995); State v ... ...
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...2008); Broomes v. Ashcroft, 358 F.3d 1251 (C.A.10 2004); United States v. Campbell, 778 F.2d 764 (C.A.11 1985); Oyekoya v. State, 558 So.2d 990 (Ala.Ct.Crim.App.1989); State v. Rosas, 183 Ariz. 421, 904 P.2d 1245 (App.1995); State v. Montalban, 2000–2739 (La.2/26/02), 810 So.2d 1106; Common......
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State v. Aquino, 24431.
...509 F.2d 703, 704 (2d Cir.1975); Government of Virgin Islands v. Pamphile, 604 F.Supp. 753, 756-57 (D.Vi.1985); Oyekoya v. State, 558 So.2d 990, 990-91 (Ala.Crim.App.1989); Tafoya v. State, 500 P.2d 247, 252 (Alaska 1972), cert. denied, 410 U.S. 945, 93 S.Ct. 1389, 35 L.Ed.2d 611 (1973); St......
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...2008); Broomes v. Ashcroft, 358 F.3d 1251 (C.A.10 2004); United States v. Campbell, 778 F.2d 764 (C.A.11 1985); Oyekoya v. State, 558 So.2d 990 (Ala.Ct.Crim.App.1989); State v. Rosas, 183 Ariz. 421, 904 P.2d 1245 (App. 1995); State v. Montalban, 2000-2739 (La.2/26/02), 810 So.2d 1106; Commo......