State v. Frensel Gaitan (067613; A-109-10)
State v. Rohan Goulbourne (068039; A-129-10)
Padilla represents a new constitutional rule of law
that, for Sixth Amendment purposes, is not entitled to
retroactive application on collateral review.
Although Nunez-Valdez governs the standard of attorney
performance in these cases, defendants are not
entitled to relief under that decision because neither
defendant was affirmatively misadvised by counsel or
established prejudice. 2-28-12
