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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
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; José Padilla (academic administrator), president of Valparaiso University beginning 2021
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.
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 ...
Rulings regarding deportation were superseded by Padilla v. Kentucky in 2010.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]
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