Lower Courts of Ninth Circuit

CAL POST CON " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " SENTENCE " DEFICIENT MITIGATION
People v. Speight, 227 Cal.App.4th 1229, 174 Cal.Rptr.3d 454 (4th Dist. Jul. 11, 2014) (reversing sentence where defense counsel's performance was deficient regarding sentencing, where counsels failure to raise Eighth Amendment objection to length of defendant's sentence was ineffective assistance of counsel and defendant was prejudiced by this error).

CAL POST CON " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO DEFEND ADVISE CONCERNING IMMIGRATION CONSEQUENCES "- PREJUDICE
People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 826 (4th Dist.Feb. 14, 2013) ([T]he statement by defendant's counsel that defendant would not have pled guilty if he had been properly admonished does not establish a reasonable probability of a more favorable result. Without the plea bargain, defendant faced two felony charges and there is nothing in the record to support a conclusion that he would have been convicted of anything less than two felonies if he had proceeded to trial, or that the People would have been amenable to a 364"day disposition.).

CAL POST CON " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO ADVICE ON IMMIGRATION CONSEQUENCES " AFFIRMATIVE MISADVICE CLAIMS
Failure to advise claims remain alive for convictions that became final prior to Padilla in those jurisdictions with decisions to that effect, such as California, which had already held that failure to advise constituted ineffective assistance of counsel. People v. Soriano, 194 Cal.App.3d 1470 (1987). The same is true for failure to defend claims. People v. Barocio, 216 Cal.App.3d 99 (1989). The same is true of affirmative misadvice claims. In re Resendiz, 25 Cal.4th 230, 248, 105 Cal.Rptr. 2d 431 (2001). The fact that Padilla does not apply retroactively does not invalidate prior state decisions holding that failure to advise or affirmative misadvice constitute ineffective assistance of counsel.