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Appeals court weighs Padilla, missed appeals and evidentiary remedy in Lopez conviction
Summary
The Massachusetts Appeals Court heard argument Jan. 6 in Commonwealth v. Lopez over whether trial counsel’s immigration advice and failure to file a timely notice of appeal amount to constitutionally ineffective assistance, and what remedy is appropriate decades after conviction.
The Massachusetts Appeals Court heard argument Jan. 6 in Commonwealth v. Lopez over whether trial counsel’s advice about immigration consequences and the failure to file a timely notice of appeal deprived the defendant of effective assistance of counsel.
Why it matters: The case asks whether Padilla‑style immigration advice must be recognized retrospectively in a decades‑old case, whether the absence of a preserved trial record requires an evidentiary reconstruction, and what remedy — a remand for an evidentiary hearing, reinstatement of appeal rights, or relief on the merits — is appropriate when a criminal conviction blocks an undocumented defendant’s ability to seek immigration relief decades later.
Factual and procedural posture
Rachel Chana, appellate counsel for Andrew Lopez, told the court that trial counsel’s…
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