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.
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 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.
A defendant could not have a 2007 drug conviction overturned on the ground that his lawyer failed to advise him of the deportation consequences of his guilty plea, the 4th Circuit has ruled in affirming judgment.
A robbery defendant did not have a constitutional right to be advised of the deportation consequences of his guilty plea because he was convicted before the U.S. Supreme Court explicitly recognized that right, the Minnesota Supreme Court has ruled.
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.
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.
Defendants could not have their drug convictions overturned years after they pleaded guilty on the basis that their lawyers failed to warn them about the risk of deportation, the New Jersey Supreme Court has ruled.