Thursday, March 17, 2011
The Supreme Court of the State of Washington has held that a defense attorney's erroneous advice to a non-citizen regarding the deportation consequences of a guilty warranted reversal of the ensuing conviction. The court's majority opinion framed the issue:
The question presented is whether, in light of the United States Supreme Court's decision in Padilla v. Kentucky, ___ U.S. ___, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), a noncitizen criminal defendant can be denied the right to effective assistance of counsel when the defense attorney erroneously assures the defendant that the deportation consequence of a guilty plea can be mitigated.