The People of the State of Colorado, Petitioner v. Frederico Alvarado Hinojos, Respondent. — Gabriel, J., Dissenting

Summary

Justice Gabriel dissented from the denial of a hearing on whether the defendant's untimely postconviction motion should be excused. The dissent would hold that allegations that plea counsel incorrectly advised a noncitizen about immigration consequences, that the defendant relied on that advice, and that he learned of the consequences only years later were sufficient to warrant an evidentiary hearing. Justice Gabriel, joined by Justices Hood and Hart, would have affirmed the court of appeals' judgment ordering a hearing.