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Lawyers await ‘Padilla’ retroactivity ruling 

By: Kimberly Atkins
Published: May 5, 2012

Tags: immigration, ineffective assistance of counsel, Padilla v. Kentucky, retroactivity, Sixth Amendment, Supreme Court

WASHINGTON – Two years after the U.S. Supreme Court’s landmark ruling that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, the justices are poised to decide just how far back that constitutional protection extends.

Justices to decide whether ‘Padilla’ duty is retroactive 

Published: April 30, 2012

Tags: collateral consequences, Criminal Law, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment, Supreme Court

The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively.

INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: March 21, 2012

Tags: ineffective assistance of counsel

A state must reoffer a favorable plea deal to a criminal defendant who received a more severe sentence after rejecting the deal and standing trial because of the deficient advice of counsel.

See “State must reoffer plea deal”

U.S. Supreme Court. » Continue Reading.

State must reoffer plea deal 

Published: March 21, 2012

Tags: Antiterrorism and Effective Death Penalty Act, habeas corpus, ineffective assistance of counsel

A state must reoffer a favorable plea deal to a criminal defendant who received a more severe sentence after rejecting the deal and standing trial because of the deficient advice of counsel, the U.S. Supreme Court has ruled 5-4.

INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: March 21, 2012

Tags: ineffective assistance of counsel

A criminal defendant could assert an ineffective assistance of counsel claim with respect to plea deals that his lawyer failed to communicate to him before they expired.

See “Counsel right extended to expired plea deals”

U.S. Supreme Court. » Continue Reading.

Counsel right extended to expired plea deals 

Published: March 21, 2012

Tags: ineffective assistance of counsel, Sixth Amendment

A criminal defendant could assert an ineffective assistance of counsel claim with respect to plea deals that his lawyer failed to communicate to him before they expired, the U.S. Supreme Court has ruled 5-4.

INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: March 20, 2012

Tags: ineffective assistance of counsel

A criminal defendant had a narrow right to the effective assistance of counsel in a post-conviction proceeding.

See “Court recognizes post-conviction counsel right”

U.S. Supreme Court. Martinez v. Ryan, No. 10-1001. March 20, 2012. Lawyers USA No. 993-3648.

Court recognizes post-conviction counsel right 

Published: March 20, 2012

Tags: habeas corpus, ineffective assistance of counsel

A criminal defendant had a narrow right to the effective assistance of counsel in a post-conviction proceeding, the U.S. Supreme Court has ruled in a 7-2 decision.

Habeas claim revived in death row case 

Published: January 18, 2012

Tags: habeas corpus, ineffective assistance of counsel

A habeas petitioner who was effectively “abandoned” by his lawyers demonstrated sufficient cause to excuse his failure to meet a state deadline for appealing the denial of postconviction relief, the U.S. Supreme Court has ruled in a 7-2 decision.

CRIMINAL 

Published: January 18, 2012

Tags: habeas corpus, ineffective assistance of counsel

A habeas petitioner who was effectively “abandoned” by his lawyers demonstrated sufficient cause to excuse his failure to meet a state deadline for appealing the denial of postconviction relief.

See “Habeas claim revived in death row case”

U.S. Supreme Court. » Continue Reading.