In May, Patrick Mulligan’s expert witness testimony led to post-conviction relief for yet another defendant.

Patrick testified on behalf of Defendant Ingrid Encalada.  Ms. Encalada, a Peruvian immigrant, was improperly advised that her plea of guilty to a felony offense would not result in her deportation from the United States.  In fact, deportation proceedings were later initiated against her, and Ms. Encalada was forced to seek sanctuary in a local church.

Ms. Encalada was then poorly represented in her first round of post-conviction litigation, as her lawyers failed to properly assert and litigate her claims.

At the hearing on Ms. Encalada’s Rule 35c motion in in Jefferson County District Court, Patrick testified that her prior lawyers had provided ineffective assistance of counsel, and that their incompetence clearly prejudiced their client.

The district court agreed on both counts. Ms. Encalada’s rights to assert her post-conviction claims were reinstated.  As in many other cases, Patrick Mulligan’s expert testimony in a Rule 35c proceeding led to post-conviction relief for the defendant.

Improper and inadequate advice regarding the immigration consequences of a criminal conviction is a recurring problem in Colorado.  Many defendants have been improperly advised on this issue, only to learn months or even years after their cases are closed that they face deportation.

If you or someone you know has received inadequate or ineffective assistance of counsel, contact us at 303-295-1500.  Patrick Mulligan and Marshall Breit have significant experience in Rule 35c post-conviction litigation.  We are here to help.

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