S-12-1113, State v. Jolio Chojolan (Appellant)
Douglas County, Judge Duane Dougherty
Attorneys: Bilal A. Khaleeq (Appellant) --- Nathan A. Liss (Attorney General’s Office)
Criminal: Plea; motion to withdraw plea and vacate conviction
Proceedings below: The court found it did not have jurisdiction to consider the motion as Appellant had already served his sentence.
Issues: The district court erred in (1) dismissing the motion as it was protected under Neb. Rev. Stat. § 29-1819.02; (2) dismissing the motion as Padilla v. Kentucky should apply retroactively.