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Criminal Law

Justices to consider use of mental exam to rebut incapacity defense

The U.S. Supreme Court will decide whether the state violated the Fifth Amendment privilege against self-incrimination by using a defendant’s court-ordered mental evaluation to rebut his claim that his methamphetamine use prevented him from having the requisite mental state to ...

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‘Padilla’ duty to warn of deportation risk not retroactive

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.

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