Tuesday, May 1, 2012

Supreme Court to decide whether its ruling in Padilla should be applied retroactively

Last Monday the Supreme Court granted certiorari in Chaidez v. United States, which will give the Court the chance to settle a dispute among lower courts on whether its 2010 ruling in Padilla v. Kentucky should apply retroactively.  The case will be heard  heard and decided in the new Term (which starts next October)

In Padilla v. Kentucky, the Court held that attorneys for criminal defendants have a duty to inform their clients of the possibility of deportation as a consequence of a conviction.  Failure to provide this information would constitute ineffective assistance of counsel under the Sixth Amendment.

For more on the issue, go to crImmigrationGoogle News, UPI, Reuters, the Associated Press, Courthouse News, and JURIST.

Thank you to the SCotUS blog for the update and all the links.

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