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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 .
Rulings regarding deportation were superseded by Padilla v. Kentucky in 2010.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 ...
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.
Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law
Stines, 44, was indicted on one count of murder of a public official after video footage captured him aiming a gun at District Judge Kevin Mullins, 54, inside the jurist's office on Sept. 19, 2024.
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
A death penalty case that brings up issues of bias inherent within Kentucky’s death penalty system. | Your Feb. 27 Daily Briefing.
The ruling, expected by June, will directly impact Kentucky’s case and the state’s law, since their decision could kick the decision back to the Sixth Circuit appellate court, where the ...