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.
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.
Must a company’s criminal fine be imposed by a jury?
By:
Kimberly Atkins
Published: March 20, 2012
Tags: Fifth Amendment, jury trial, Sixth Amendment, Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court considered on Monday whether a judge-imposed fine against a company convicted of environmental violations violated the Fifth and Sixth Amendments because it wasn’t determined by a jury.
Right to deportation warning isn’t retroactive, court rules
Published: March 5, 2012
Tags: deportation, effective assistance of counsel, immigration, Padilla v. Kentucky, Sixth Amendment
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.
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.
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.
Duty to warn of deportation risk retroactive
Published: June 27, 2011
Tags: deportation, immigration, 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, Massachusetts’ highest court has ruled.
Defendant in seminal Confrontation Clause case acquitted
By:
David Frank
Published: February 18, 2011
Tags: Confrontation Clause, Melendez-Diaz, Melendez-Diaz v. Massachusetts, Sixth Amendment, Supreme Court
Luis Melendez-Diaz made national headlines in 2009 when the U.S. Supreme Court ruled that the Sixth Amendment’s Confrontation Clause required prosecutors to put a drug analyst on the stand before introducing a lab certificate into evidence.
Justices to address right to counsel in plea bargaining
By:
Pat Murphy
Published: January 10, 2011
Tags: habeas, plea bargain, right to counsel, Sixth Amendment
The U.S. Supreme Court will decide whether a state habeas petitioner, who was convicted and sentenced pursuant to a fair trial, is nonetheless entitled to relief under the Sixth Amendment for deficient advice that led him to reject a favorable plea bargain.
NEW FREE WHITE PAPER: E-Discovery
This FREE e-report brought to you by Lawyers USA contains the latest tips for conducting thorough and successful electronic discovery for your trial in 2012. We’ve analyzed the latest court rulings and trends in e-discovery to help you and your clients avoid sanctions and win your case.
Click here to get your free White Paper today!
