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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 ...
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
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.
Rulings regarding deportation were superseded by Padilla v. Kentucky in 2010.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 ...
Chaidez v. United States, 568 U.S. 342 (2013), was a United States Supreme Court case that determined that the ruling in Padilla v. Commonwealth of Kentucky could not be applied retroactively, because the Padilla case applied a new rule to the Sixth Amendment to the United States Constitution. [1]
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Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law
Case name Citation Date decided Hemi Group, LLC v. City of New York: 559 U.S. 1: 2010: Briscoe v. Virginia: 559 U.S. 32: 2010: Wilkins v. Gaddy: 559 U.S. 34