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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 .
Did not participate in the decision: Decisions that do not note an argument date were decided without oral argument. Decisions that do not note a Justice delivering the Court's opinion are per curiam. Multiple concurrences and dissents within a case are numbered, with joining votes numbered accordingly.
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.
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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
Kentucky voters will decide six statewide offices Tuesday, including the much-watched race between Gov. Andy Beshear and GOP challenger Daniel Cameron Kentucky Election Day: Get the latest updates ...