Tag Archives: duty to warn

Justices provide clarity — but no relief — for immigration defendants

A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants.

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‘Padilla’ duty to warn of deportation risk not retroactive

The U.S. Supreme Court’s ruling in Padilla v. Kentucky requiring defense attorneys to inform non-citizen clients of the deportation risks of guilty pleas does not apply retroactively to cases already final on direct review, the Court has ruled.

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