Monday, February 23, 2009
Supremes Grant Cert in Padilla v. Kentucky: Ineffective Assistance of Counsel for Failure to Advise of Immigration Consequences of Criminal Plea
The Supreme Court granted cert today in Padilla v. Commonwealth of Kentucky. See SCOTUSBLOG for information and links about the case.
The issue in the case is whether the Sixth Amendment’s guarantee of effective assistance of counsel requires a criminal defense attorney to advise a noncitizen client that pleading guilty to an aggravated felony will trigger mandatory, automatic deportation, and if misadvice about deportation can that misadvice amount to ineffective assistance of counsel.
Click the link above for links to the the opinion below in theSupreme Court of Kentucky, Petition for certiorari, Petitioner’s Reply Brief, and an amicus curiae of Criminal and Immigration Law Professors, et al. (in support of petitioner).