Monday, October 1, 2012
Conviction of Jose Padilla (of Padilla v. Kentucky Fame) is Set Aside
Daniel M. Kowalski on the LEXIS-NEXIS Immigration Law Community provides news on the reversal of the plea bargain and conviction of Jose Padilla, a lawful permanent resident from Honduras who the Supreme Court in Padilla v. Kentucky ruled could base an ineffective assistance of counsel claim on his attorney's failure to inform him of the possible immigration consequences of his criminal conviction. The Kentucky Court of Appeals on Friday ordered a new trial for Padilla.
The Supreme Court currently has before it a case raising the issue of the retroactivity of its decision in Padilla v. Kentucky.