State of Louisiana v. Ronald Sewell

Opinion

STATE OF LOUISIANA * NO. 2019-K-1062

VERSUS * COURT OF APPEAL

RONALD SEWELL * FOURTH CIRCUIT

* STATE OF LOUISIANA

*

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DYSART, J., DISSENTS, WITH REASONS.

As I find the majority’s reliance on Padilla v. Kentucky1to be misplaced, I

respectfully dissent.

The defendant in Padilla, who was born in Honduras, had been in this

country legally for forty years. Padilla’s attorney was aware of these facts and

advised him that based on his long-standing presence in the United States, he

would not be deported. Mr. Padilla relied on this advice, pled guilty, which made

him eligible for deportation.

In this case, none of the defense attorneys or the court had any knowledge of

Mr. Sewell’s standing as a Jamaican national. In fact, records from previous

arrests indicate that he was born in Pennsylvania.

Accordingly, based on the facts of this case and the distinguishable facts of

Padilla, I would grant the State’s writ, and the relief requested.

1 559 U.S. 356, 130 S.Ct. 1473 (2010).