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New rule on right to counsel retroactive 

Published: November 1, 2011

Tags: deportation, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment

A defendant who pleaded guilty in 2006 could have his conviction overturned because his lawyer failed to advise him of the deportation consequences of his plea, Maryland’s highest court has ruled in reinstating an order granting a new trial.

Does ineffective assistance claim survive second arrest? 

By: Kimberly Atkins
Published: November 1, 2011

Tags: ineffective assistance of counsel, plea bargain, Supreme Court

WASHINGTON – In the second half of a U.S. Supreme Court ineffective assistance double-header, the justices considered whether a lawyer’s failure to inform his client of a plea deal gives the defendant a constitutional remedy after he is arrested again and convicted of an additional charge.

Right to be warned of deportation risk isn’t retroactive 

Published: August 25, 2011

Tags: deportation, immigration, ineffective assistance of counsel, Padilla v. Kentucky, retroactivity

A defendant could not have past convictions overturned on the basis that she wasn’t advised by counsel that her guilty pleas carried the risk of deportation, the 7th Circuit has ruled in reversing judgment.

Defendant had right to deportation warning 

Published: July 1, 2011

Tags: deportation, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment

A drug defendant subject to deportation may have his guilty plea vacated based on the violation of a constitutional right to counsel recognized following his conviction, the 3rd Circuit has ruled in reversing judgment.

INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: June 6, 2011

Tags: ineffective assistance of counsel

Does a defendant in a state criminal case have a federal constitutional right to effective assistance of counsel in his first postconviction proceeding?

See “Does a defendant have right to effective assistance in postconviction proceeding?”

Martinez v. Ryan, No. 10-1001. Certiorari granted June 6, 2011. Ruling below: » Continue Reading.

Supreme Court plea rule applies retroactively 

Published: May 18, 2011

Tags: deportation, ineffective assistance of counsel, Padilla v. Kentucky

A defendant’s constitutional right to be advised of the deportation consequences of a guilty plea applied to a robbery conviction which predated the U.S. Supreme Court’s recognition of the right, the Minnesota Court of Appeals has ruled in reversing judgment.

Criminal lawyer can’t downplay deportation risk 

By: Pat Murphy
Published: March 23, 2011

Tags: deportation, immigration, ineffective assistance of counsel, Padilla v. Kentucky

A criminal defendant was denied his constitutional right to counsel when his lawyer mistakenly told him that he would have the opportunity to mitigate the deportation consequences of his guilty plea, the Washington Supreme Court has ruled in vacating a conviction.

Murder defendant can’t show ineffective assistance 

By: Pat Murphy
Published: January 19, 2011

Tags: habeas corpus, ineffective assistance of counsel, Strickland v. Washington

A murder defendant could not obtain post-conviction relief based on a claim that his lawyer failed to suppress his confession, the U.S. Supreme Court has ruled in reversing habeas relief granted by the 9th Circuit.

INEFFECTIVE ASSISTANCE OF COUNSEL 

By: Correy Stephenson
Published: January 19, 2011

Tags: ineffective assistance of counsel

A criminal defendant was not denied the effective assistance of counsel where his attorney chose methods other than expert testimony to create a reasonable doubt as to his guilt, and a denial of his habeas petition without explanation was reasonable.

See “Justices: Defendant not denied effective counsel
» Continue Reading.

Justices: Defendant not denied effective counsel 

By: Correy Stephenson
Published: January 19, 2011

Tags: habeas corpus, ineffective assistance of counsel

A criminal defendant was not denied the effective assistance of counsel where his attorney chose methods other than expert testimony to create a reasonable doubt as to his guilt, the U.S Supreme Court has ruled.