New Mexico Supreme Court

State v. Favela

January 12, 20152015 NMSC 5

Summary

The New Mexico Supreme Court affirmed the Court of Appeals that a judge’s warning of immigration consequences during a plea colloquy cannot by itself cure the prejudice caused by counsel’s ineffective assistance, and that the weight given to such warnings and to the strength of the State’s evidence must be determined on a case‑by‑case basis. The Court also affirmed that denial of a motion to withdraw a guilty plea is reviewed for abuse of discretion.