I have returned to Casa CAAFlog.

Yesterday NMCCA issued an unpublished opinion denying the petition for extraordinary relief in United States v. Denedo.  NMCCA’s opinion is available here.  Judge Maksym wrote for a unanimous three-judge panel.

h/t Sir Cloudesley

6 Responses to “NMCCA redenies Denedo’s petition for extraordinary relief”

  1. Manasas says:

    Denedo is an IDIOT! Geez talk about a dumb plan by a very very dumb Criminal!!!

  2. Anonymous says:

    I’m sorry, but while I may agree with result the means to which the NMCCA used to get there is ludicrous. They used the factual information that appellant provided during his providence inquiry – information that would not be in the record if not for the guilty plea – to resolve the issue under prong 2 Strickland. Kinda throws the cart before the horse, eh?

  3. Anonymous says:

    I don’t see how they can resolve this without a Dubay hearing to resolve the factual dispute at issue. You have the civilian counsel’s affidavit versus Donedo’s, with both saying different things about the context of what he was told and what he asked. I’ve never been a fan of Ginn, but when you have material facts in dispute that affect the outcome, I don’t see how NMCCA can resolve the factual issues against Denedo without a Dubay hearing.

    In practicality, it may not matter — a MJ is likely to find against Denedo at a Dubay hearing, but maybe not. After all, it is one thing to state something in an affidavit, and another to be cross examined about it.

  4. Anonymous says:

    they seemed to be saying, even if we just go with appellant’s version of events, we still don’t find IAC.

    Perhaps more problematic, they seem to also be saying, we don’t believe you appellant that you would have contested your case if told you could be deported because the evidence was so strong against you and you would have lost.

    Well doesn’t that describe practically every guilty plea situation? I mean it’s why you generally agree to plead guilty.

  5. Anon says:

    Wait a minute…is Denedo that Nigerian dude who has been emailing me for the last 10 years asking me to give me my bank account info so he can make deposits?

  6. Jeremy says:

    please read and help if you can.