Immigration - Deportation a Consequence of a Guilty Plea
Posted on Mon, May 07, 2012 @ 10:43 AM
The U.S. Supreme Court agreed on Monday to repair the growing rift among lower courts over the retroactive effect of its landmark ruling that requires lawyers to advise their clients about the possible deportation consequences of pleading guilty. The justices added to their fall docket the case of Chaidez v. United States, which poses the retroactivity issue raised by the Court's 2010 ruling in Padilla v. Kentucky. In that decision, a 7-2 majority found that when a lawyer fails to tell a client that a guilty plea as part of a plea agreement could expose the client to deportation, it amounts to ineffective assistance of counsel.
COURT TO DECIDE IF PADILLA APPLIES RETROACTIVELY
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