PDF BY~ -------- --- GABRIEL A. HERNANDEZ, Petitioner, STATE ... Summary. PDF E-SJI News Padilla v. Kentucky - Amicus (Merits) | OSG | Department ... We affirm the postconviction court's denial of Smith's motion with respect to his claim based on Padilla v. Kentucky, 130 S.Ct. No. In . 2d 284 (2010), the United States Supreme Court concluded that the federal constitution's guarantee of effective assistance of counsel requires criminal defense counsel to accurately advise a noncitizen client of the immigration consequences of pleading guilty to a crime, as . 3d 482 (Ky. 2008)), and the U.S. Supreme Court's opinion in Padilla observed that the "Kentucky high court is far from alone in this view." Padilla v. Kentucky, 559 U.S. ___, No. PDF Ineffective Assistance of Counsel: Deportation ... The trial court dismissed the petition as time-barred. 2d 347 (2001), and seeks to advise the Court of the particular relevance of those decisions to the Court's decision in this case. The landmark 2010 Supreme Court case of Padilla v. Kentucky is where the concept of Padilla motions originated. Decided February 20, 2013. He served the United States with honor as a member of the U.S. Armed . Padilla v. Kentucky | Casebriefs State v. Barros, __ N.J. Super. (Courtesy of Story Architecture & Design) Coggan campaign launches : A The first issue here is Padilla plead guilty to a drug offense that took place in the United States. Chaidez v. United States | Constitutional Accountability ... Padilla v. Kentucky :: 559 U.S. 356 (2010) :: Justia US ... He had been a legal resident of the United States for over 40 years and had served in the US Armed Forces in Vietnam. Choose Your Subscription: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year)--OR-- Summary of Facts and Decision of Padilla v. Kentucky. There are multiply issues here. Decided February 20, 2013. Knapp-Sanders Building Campus Box 3330 UNC-Chapel Hill, Chapel Hill, NC 27599-3330 Below is a brief summary of the case law detailing defense counsel's duties vis-à-vis a noncitizen client in Massachusetts. Earlier this week, in Chaidez v. Padilla v. Kentucky, 08-651. no. Status as Punishment: A Critical Guide to Padilla v. Kentucky, Criminal Justice Magazine (Fall 2010) Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction, (with Gabriel J. Chin) (Fall, 2010) A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act, Prison Legal News, (March 2010) for reh'g and reh'g en banc pending. 1. California should not . Padilla v. Kentucky: A Case for Retroactivity Allison C. Callaghan* In a landmark decision, the United States Supreme Court held in Padilla v. Kentucky that defense attorneys have an affirmative constitutional duty to advise noncitizen defendants of the potential immigration consequences of a criminal conviction. v. COMMONWEALTH OF KENTUCKY. Div. Get more case briefs explained with Quimbee. Summary Background. 559 U.S. 356 (2010). at 7 & n. 9 (March 31 . Whether petitioner's counsel provided ineffective assistance of counsel by affirmatively misadvising peti tioner concerning the likelihood of removal upon the en try of his guilty plea. The Effect of Padilla v. Kentucky on State Court Judges , that includes: 1) a brief summary of the Padilla decision; 2) examples of how some states are requiring judges to investigate whether non-citizen criminal defendants have been advised of the It also provides an overview of applicable immigration law as it relates to Padilla and elaborates on the implications of a new standard of care stemming from the case. In a 7-2 decision, the Supreme Court found that, under the Sixth Amendment of the U.S. Constitution, an attorney must advise their client if a plea may result in deportation. 2d 284 (2010) and in INS v. St. Cyr, 533 U.S. 289, 121 S. Ct. 2271, 150 L. Ed. 08-651. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act . A rendering depicts the proposed new deck, storage and locker facilities at the Coggan Family Aquatic Complex on the La Jolla High School campus. By Kevin Johnson. . Hector Padilla was from Honduras. by the postconviction - trial court was Bermudez v. State , 603 So.2d 657 (Fla. 3 rd DCA 1992), holding that the Florida generic judicial advisement pursuant to Rule Jose Padilla was arrested driving a tractor-trailer truck containing over 1,000 pounds of marijuana. The Court found that the holding of Padilla (i.e. The trial court order specifically held that could not Padilla be applied retroactively to grant the Petitioner relief in his motion. In Padilla v. Kentucky, 130 US 1473, 1483 [2010], the Court addressed counsel's obligation to advise a client on the possible immigration consequences of a guilty plea . Padilla v. Kentucky The question here is whether or not the petitioner, Jose Padilla, will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. The Supreme Court of New Mexico relied on the state's counterpart of Padilla, State v. Paredez, 101 P.3d 799 (N.M 2004)*. He entered a guilty plea in return for a In Padilla v. Kentucky, 559 U. S. ___, where a plea offer was set aside because counsel had misinformed the defendant of its immigration conse-quences, this Court made clear that "the negotiation of a plea bargain is a critical" stage for ineffective-assistance purposes, id., at ___, and The U.S. Supreme Court's decision in Padilla v. Kentucky requires . 2d 284 which provides that counsel has an affirmative obligation to inform a client when a plea carries a risk of deportation is to be applied prospectively only. Judicial Branch offices and courts are closed Friday, December 31, for New Year's holiday. 1473, 176 L.Ed.2d 284 (2010). 08-651, slip op. Argued October 13, 2009 —Decided March 31, 2010 Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faces deportation after pleading guilty to drug-distribution charges in Kentucky. SUMMARY OF ARGUMENT 8 ARGUMENT 9 i Pursuant to Kentucky v. 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