Justices provide clarity — but no relief — for immigration defendants 
By:
Correy Stephenson
Published: February 26, 2013
Tags: deportation, duty to warn, immigration, ineffective assistance of counsel, Padilla v. Kentucky, U.S. Supreme Court
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
By:
Kimberly Atkins
Published: February 26, 2013
Tags: capital murder, habeas corpus, ineffective assistance of counsel, U.S. Supreme Court
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
Published: February 25, 2013
Tags: habeas corpus, ineffective assistance of counsel, plea bargain, U.S. Supreme Court
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
Published: February 25, 2013
Tags: ineffective assistance of counsel, U.S. Supreme Court
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”
Benchmarks: Disabled man’s cane ruled ‘dangerous weapon’
By:
Pat Murphy
Published: February 25, 2013
Tags: assault, dangerous weapon, ineffective assistance of counsel
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
Published: February 20, 2013
Tags: deportation, duty to warn, immigration, ineffective assistance of counsel, Padilla v. Kentucky, U.S. Supreme Court
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
Published: February 15, 2013
Tags: ineffective assistance of counsel, United States v. Cronic
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
Published: December 18, 2012
Tags: ineffective assistance of counsel, Padilla v. Kentucky, pension
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
Published: November 28, 2012
Tags: ineffective assistance of counsel, Padilla v. Kentucky, retroactivity
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
By:
Kimberly Atkins
Published: November 1, 2012
Tags: ineffective assistance of counsel, Padilla v. Kentucky, retroactivity, Sixth Amendment, U.S. Supreme Court
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.
