Articles Posted in Immigration Law

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Defendant, a legal resident of the United States, was indicted on two counts of robbery. Defendant admitted sufficient facts to warrant a finding of guilt in order to enroll in a diversion program. Defendant later moved to vacate his plea, arguing that his admission of guilt operated as a conviction under federal law and that the trial court erred by failing to provide him the advisement contained in Ohio Rev. Code 2943.031(A), which requires courts to alert noncitizens that a guilty plea or no-contest plea may affect their immigration status. The trial court denied Defendant’s motion. The court of appeals affirmed. The Supreme Court reversed, holding (1) section 2943.031(A) required the trial court to advise Defendant that his admission of guilt made for purposes of entering into the pretrial diversion program may affect his immigration status; and (2) because the trial court failed to give that advisement, the trial court must vacate the dismissal of the case against Defendant and vacate the admission of guilt executed as part of the pretrial diversion program process. Remanded. View "State v. Kona" on Justia Law

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The Madison County Board of Commissioners filed an appropriation action against Greg and Marcia Bell. The common pleas court entered judgment in favor of the Board. The court of appeals affirmed. The Bells then filed a civil action against various Defendants, including the Board and the common pleas court judge. The common pleas court entered judgment in favor of Defendants. The court of appeals affirmed. Greg Bell subsequently sought a writ of prohibition to prevent the circuit court judge that presided over the earlier action, a magistrate, and certain attorneys and entities, from proceeding in the case. The court of appeals denied Bell's request. The Supreme Court affirmed, holding that Bell could prove no set of facts entitling him to the requested writ of prohibition. View "State ex rel. Bell v. Court of Common Pleas (Pfeiffer)" on Justia Law