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Tag Archives: retroactivity

CRIMINAL LAW

Could a state trial court retroactively apply a ruling from its supreme court that abolished the diminished-capacity defense? See “Can state retroactively abolish diminished-capacity defense?” Lancaster v. Metrish, No. 12-547.Certiorari granted: Jan. 18, 2013. Ruling below: 683 F.3d 740 (6th ...

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Supreme Court questions if ‘Padilla’ ruling goes retro

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 ...

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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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