Reyna v. Commonwealth , 2007 Ky. App. LEXIS 60 ( 2007 )

COMBS, Chief Judge,

concurring:

This case highlights the compelling necessity for Kentucky to re-visit the issue of what due process entails for non-citizens embroiled in our judicial process. It is patently ridiculous — if not insulting — to posture and contend that the miseries flowing from deportation in this case were merely “collateral” and inconsequential. They were indeed more heart-wrenching and destructive perhaps than any prison sentence.

It would be a minor burden — a mere detail — for a court to add one more element to its Boykin colloquy: namely, a clear explanation of the possibility of deportation as a result of the entry of a guilty plea. Due process cries out for such a requirement.

The human consequences flowing from deportation are enormous and must be weighed in the balance when determining whether a plea is voluntarily and intelligently entered. To pretend otherwise is to dishonor the hallowed place that due process occupies for all who come before our courts. Its importance should not be dismissed or diminished simply because an accused is a non-citizen whose injured rights can be cavalierly characterized as “collateral damage.”

We should be ashamed at such an outcome. Our Supreme Court or our General Assembly clearly should address this grievous gap in the law.