October 22, 2009
"The Argument in Padilla v. Kentucky"
A guest post by L. Song Richardson (Depaul University College of Law) at ACSBlog, concluding after reviewing the oral argument:
Padilla v. Kentucky has the potential to define the scope of the right to the effective assistance of counsel in the guilty plea context that will have consequences for citizens and non-citizens alike. Ultimately, however, the Court might avoid the difficult and thorny issues the case raises by finding that Mr. Padilla cannot establish that he suffered prejudice; he cannot demonstrate that a rational defendant would have insisted on going to trial had he received accurate advice.
October 22, 2009 | Permalink