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.
WASHINGTON – Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.
The U.S. Supreme Court will decide whether a murder defendant was denied the effective assistance of counsel when her second attorney advised her to withdraw from a favorable plea agreement negotiated by her first attorney.
Was a murder defendant denied the effective assistance of counsel when her second attorney advised her to withdraw from a favorable plea agreement negotiated by her first attorney?
A disabled man committed an assault with a “dangerous weapon” when he whacked a former friend in the head with his wooden cane, an Iowa court decided earlier this month.
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.
A criminal defendant wasn’t denied the effective assistance of counsel when his trial lawyer strategically conceded that the state had sufficient evidence to obtain a conviction for one of the two robberies charged in his case, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
A defendant was not denied the effective assistance of counsel by his lawyer’s failure to advise him that he would lose his state pension as a result of pleading guilty to a sex offense, the Pennsylvania Supreme Court has ruled in reinstating a conviction.
The U.S. Supreme Court’s decision in Padilla v. Kentucky should not be applied retroactively, the Florida Supreme Court has ruled in affirming dismissal of a defendant’s postconviction motion arguing ineffective assistance of counsel.
WASHINGTON – The issue of whether criminal defendants’ Sixth Amendment right to be warned of the immigration consequences of guilty pleas, as established by a 2010 U.S. Supreme Court ruling, is retroactive was front and center during oral arguments on Thursday.