Thiersaint v. Commissioner of Correction

Summary

Justice Palmer's dissent would affirm the habeas court's conclusion that the petitioner received ineffective assistance when counsel failed to provide accurate advice about the certain immigration consequences of his guilty plea. The dissent reasons that the relevant precedent merely applied the established ineffective-assistance standard and therefore should apply retroactively in state habeas proceedings. It further concludes that the petitioner proved both deficient performance and prejudice because he would rationally have proceeded to trial rather than face virtually certain permanent removal. Justice Palmer, dissenting, disagrees with the majority's conclusion that the governing precedent announced a new procedural rule barring retroactive relief.