Tuesday, December 13, 2016

Because Predatory Offender Registration As A Result of a Conviction is a "Collateral Consequence" Failure to Advise Regarding It is Not Ineffective Assistance of Counsel

Taylor v. State, Minn.S.Ct., 12/7/2016.  Mr. Taylor said that his trial counsel had provided ineffective assistance of counsel by not advising him that his conviction for a felony domestic assault would trigger a requirement that he had to register under the predatory offender statute.  He said that just as immigration consequences are not "collateral" neither is registration.  Justice G. Barry Anderson rejects this notion:
The statutory duty to register as a predatory offender is a collateral consequence of a guilty plea. Because a criminal defendant need not be warned of a collateral consequence before entering a guilty plea, the defense attorney’s failure to advise the appellant of the duty to register as a predatory offender did not violate the appellant’s right to effective assistance of counsel under the United States and Minnesota Constitutions.
Not much more to say.
 

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