Padilla Not Retroactive

State v. Campos, Minn.S.Ct., 6/20/2012.  In a 5-2 Opinion, Chief Justice Gildea holds that Pidilla will not be applied retroactively in Minnesota.  Justices Page and Paul Anderson dissented.  The majority did remand the case, nonetheless, to determine if Mr. Campos was entitled to withdraw his plea because the trial court did not comply with the requirement in the criminal rules that he be informed that there could be adverse immigration consequences flowing from his plea.  See Minn.R. Crim. P. 15.01, subd. 1(6)(I).

10/24/2012:  Whether Padilla is retroactive is pending before the United States Supreme Court.