Martin Ramirez, A/k/a Richard G. Sanchez, Jr., Petitioner-Respondent v. State of New Mexico, Respondent-Petitioner

Summary

The New Mexico Supreme Court held that its earlier decision in State v. Paredez applies retroactively to 1990, thereby giving Martin Ramirez a viable claim of ineffective assistance of counsel for failing to be advised of immigration consequences of his guilty pleas. The Court affirmed the Court of Appeals and remanded for the district court to consider withdrawing the pleas. It declined to follow the U.S. Supreme Court’s decision in Chaidez, finding that Padilla does not constitute a new rule under New Mexico law.