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Padilla v. Commonwealth of Kentucky , 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea .
Padilla (surname) Padilla v. Kentucky, a United States Supreme Court case pertaining to the immigration consequences faced by lawful permanent residents who are convicted of crimes, and their rights to be warned of those consequences
Padilla v. Kentucky, 559 U.S. 356 (2010) Criminal defense attorneys are duty-bound to inform clients of the risk of deportation under three circumstances. First, where the law is unambiguous, attorneys must advise their criminal clients that deportation "will" result from a conviction.
The Supreme Court recognized the last in Padilla v. Kentucky , when it reversed the conviction of a defendant who had been incorrectly advised by this lawyer that a guilty plea would have no immigration consequences (instead, he was slated for deportation).
In Padilla v. Kentucky (2010), the Court held that counsel's failure to inform an alien pleading guilty of the risk of deportation fell below the objective standard of the performance prong of Strickland and permitted an alien who would not have pleaded guilty but for such failure to withdraw his guilty plea. [135]
Padilla v. Kentucky held that the Sixth Amendment made it mandatory for criminal defense attorneys to advise non-citizen clients about the deportation risks of a guilty plea. [2] While Padilla v. Kentucky was a case related to immigration and deportation, Justice Scalia worried that there was "no logical stopping point" to how Padilla v.
Padilla's lawyer is a proper "next friend" to sign and file the habeas corpus petition on Padilla's behalf because she, as a member of the bar, had a professional duty to defend her client's interests. Further, she had a significant attorney-client relationship with Padilla and was far from being some zealous "intruder" or "uninvited meddler ...
In Padilla v. Kentucky (2010), the Court held that counsel's failure to inform an alien pleading guilty of the risk of deportation fell below the objective standard of the performance prong of Strickland and permitted an alien who would not have pleaded guilty but for such failure to withdraw his guilty plea. [75]