Jamaican man fighting deportation from US to be allowed to stand retrial
The Supreme Court in West Virginia, United Stated has ruled that a Jamaican man can withdraw his 2010 guilty plea to felony unlawful assault and avoid immediate deportation.
Fifty-five year old Orville Hutton, also known as Mykal G. Rasyth, had served prison time and had been paroled, but had that revoked in 2013, near his discharge date when he was served a federal deportation warrant.
The warrant asserted that Hutton's felony conviction in Harrison County was the reason for the deportation.
Soon after, Hutton, who has been in the United States for about 45 years, found out from a fellow inmate that he should have been warned fully of the possibility of deportation by his trial and post-conviction lawyers.
Hutton immediately filed a petition for the court to rule that an error had been made.
The Supreme Court justices decided that the failure of Hutton's lawyers to inform him that he could be deported after pleading guilty to the felony denied him a fundamental constitutional right.
They noted that the fact that Hutton was brought to the United States about age nine and never returned, and given that all his immediate family members are in the US, a rejection of the plea bargain would have been rational.
The justices said in light of the evidence, Hutton would be allowed to withdraw his guilty plea and stand trial for the offences for which he was indicted.