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Criminal Law

Illinois ban on recording police unenforceable

Illinois prosecutors cannot enforce a state ban on individuals making nonconsensual audio recordings of police officers performing their duties because the statute probably violates the First Amendment, the 7th Circuit has ruled in reversing a dismissal.

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Lawyers await ‘Padilla’ retroactivity ruling

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 ...

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Justices to decide whether ‘Padilla’ duty is retroactive

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.

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