Must Non-Citizens Who Enter Pretrial Diversion Programs Be Warned of Potential Immigration Consequences?

Issa Kona v. State of Ohio, Case No. 2014-0733

Eighth District Court of Appeals (Cuyahoga County)

ISSUES:

- Is the written statement of guilt made for participation in a pretrial diversion program the functional equivalent of a guilty or a no contest plea?

- Before providing a written statement of guilt for a pretrial diversion program, must a non-citizen be advised under R.C. 2943.031 of the potential immigration consequences of providing the statement?

- When a non-citizen isn't advised of the possible immigration consequences of making the statement, has the statement been made "knowingly, voluntarily, and intelligently"?

- Does a trial court have jurisdiction to withdraw the written statement and vacate the "conviction" after a charge is dismissed?

- Based on Criminal Rule 32.1, should a trial court withdraw the non-citizen's written statement to vacate the "conviction" for immigration reasons because a manifest injustice will otherwise occur?