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Justices provide clarity — but no relief — for immigration defendants (access required)

By: Correy Stephenson
Published: February 26, 2013

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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.

Court asks when procedural defaults bar ineffective assistance claims (access required)

By: Kimberly Atkins
Published: February 26, 2013

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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.

Court to reexamine right to counsel in plea bargaining (access required)

Published: February 25, 2013

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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.

INEFFECTIVE ASSISTANCE OF COUNSEL (access required)

Published: February 25, 2013

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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?

See “Court to reexamine right to counsel in plea bargaining

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Benchmarks: Disabled man’s cane ruled ‘dangerous weapon’ (access required)

By: Pat Murphy
Published: February 25, 2013

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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.

‘Padilla’ duty to warn of deportation risk not retroactive (access required)

Published: February 20, 2013

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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.

Defense counsel may strategically concede guilt (access required)

Published: February 15, 2013

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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.

No ‘Padilla’ right to be told of pension forfeiture (access required)

Published: December 18, 2012

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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.

Fla. court finds ‘Padilla’ not retroactive (access required)

Published: November 28, 2012

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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.

Supreme Court questions if ‘Padilla’ ruling goes retro (access required)

By: Kimberly Atkins
Published: November 1, 2012

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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.

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