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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
Rulings regarding deportation were superseded by Padilla v. Kentucky in 2010. "... counsel must inform her client whether his plea carries a risk of deportation." The United States Supreme Court held that the collateral consequence of deportation was a consequence of such great importance that failure by counsel to advise the defendant of ...
José Padilla Sr. (1888–1945), Filipino politician and actor; José Padilla Jr. (1911–1978), Filipino actor & boxer; José Padilla (born 1950), U.S.-resident Honduran in the Padilla v. Kentucky case; José Padilla (DJ) (1955–2020), Spanish DJ; José Padilla (criminal) (born 1970), United States citizen convicted of aiding terrorists
In Glover v. United States, a lawyer was held to be ineffective when he failed to object to the judge's miscalculation of the defendant's sentence. [18] In Hinton v. Alabama, the Supreme Court held a lawyer's performance ineffective when he did not request funding for a better ballistics expert, though he was statutorily entitled to do so.
José Padilla (born October 18, 1970), also known as Abdullah al-Muhajir (/ ɑː b ˈ d ʌ l ə ɑː l m ʊ ˈ h ɑː dʒ ɪər / ⓘ ahb-DUL-ə ahl moo-HAH-jeer) or Muhajir Abdullah, is a United States citizen who was convicted in a federal court of aiding terrorists.
The Court's decision in Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review (that is, non-habeas appeals). Marx v. General Revenue Corp. 11-1175: 2013-02-26
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]