The Iowa Supreme Court announced today that it has granted further review in three post-conviction relief cases.
The third, Perez v. State, presents the issue of whether the U.S. Supreme Court’s 2010 decision in Padilla v. Kentucky applies retroactively. Padilla requires defense counsel, under certain circumstances, to inform their clients of the immigration risks of pleading guilty. The retroactivity issue has split the federal courts of appeals. Based on the arguments presented by the parties in Perez, the Iowa Court of Appeals concluded that this new rule does not apply retroactively in this case.