Tag Archives: collateral consequences

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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Defense counsel’s duty to warn about … everything?

WASHINGTON - Last term's U.S. Supreme Court ruling in Padilla v. Kentucky placed a constitutional duty upon defense attorneys to advise clients if a plea carries a risk of deportation. But now, state and federal courts are applying the ruling's Sixth Amendment duty to warn to a host of other collateral areas outside the immigration context.

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