Commonwealth v. Mercado

Summary

The Massachusetts Supreme Judicial Court held that the retroactive application of counsel's duty to advise noncitizen defendants about immigration consequences extends to guilty pleas entered after the effective date of AEDPA, April 24, 1996, and before the effective date of IIRIRA, April 1, 1997. The court vacated the denial of the defendant's motion for a new trial and remanded for findings regarding deficient advice and whether the defendant would have rejected the plea.

Holdings

1. The retroactivity of the Padilla-based duty under Massachusetts law extends to convictions entered on or after April 24, 1996, the effective date of AEDPA, including convictions entered before April 1, 1997, the effective date of IIRIRA, when AEDPA had eliminated previously available protections or discretionary waivers for the relevant controlled-substance offense.
2. The denial of Mercado's motion for a new trial must be vacated and the matter remanded because the motion judge made no findings after an evidentiary hearing involving material credibility disputes.

Questions Presented

1. Whether the Massachusetts retroactivity rule requiring effective advice to noncitizen defendants concerning the immigration consequences of a guilty plea applies to a conviction entered after AEDPA's effective date but before IIRIRA's effective date.
2. Whether the motion judge properly denied Mercado's motion for a new trial without making findings resolving the conflicting testimony concerning counsel's advice, language assistance, and the potential suppression defense.

Disposition

reversed_and_remanded