Category Archives: ineffective assistance of counsel

Padilla applied retroactively to conviction which became final before March 31, 2010

Posted on September 2, 2010 by Mike Baker

UNITED STATES OF AMERICA, Plaintiff/Respondent, v. ROSELVA CHAIDEZ, Defendant/Petitioner.  No. 03 CR 636-6  UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION  2010 U.S. Dist. LEXIS 81860  August 11, 2010, Decided August 11, 2010, Filed  PRIOR HISTORY: … Continue reading →

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Padilla & prosecutors duty

Posted on August 26, 2010 by Mike Baker

Defense counsel should be aware that prosecutors also have a responsibility to consider deportation and other so-called “collateral” consequences in plea negotiations. Prosecutors are not charged merely with the obligation to seek the maximum punishment in all cases, but with … Continue reading →

Posted in ineffective assistance of counsel, Padilla | 1 Comment

Padilla v. Kentucky and the Immigration Consequences of Crimes

Posted on April 9, 2010 by Mike Baker

On March 31, 2010, in a landmark decision called Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen defendant regarding the immigration consequences of a guilty plea, and that … Continue reading →

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Criminal Defense Counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when consequences are clear

Posted on March 31, 2010 by Mike Baker

The first step has been taken to equate deportation with “punishment”. If “deportation is an integral part—indeed, sometimes the most important part — of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes” then, … Continue reading →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky | 2 Comments

Defendants Get Enough Warning About a Guilty Plea’s Consequences? 6th A. requires defense lawyers to advise on Immigration Consequences?

Posted on November 24, 2009 by Mike Baker

Padilla v. Commonwealth of Kentucky Padilla v. Commonwealth of Kentucky: Interpreting Strickland’s Applicability to Misadvice Regarding Immigration Consequences (Argument Recap)”>Padilla v. Commonwealth of Kentucky: Interpreting Strickland’s Applicability to Misadvice Regarding Immigration Consequences (Argument Recap) Does the Sixth Amendment’s guarantee of … Continue reading →

Posted in ineffective assistance of counsel, vacate plea | 5 Comments