Category Archives: Padilla

CA7 holds that misadvice and failure to advise does not evade the non‐retroactivity of Padilla

Posted on January 10, 2014 by Mike Baker

Chavarria, born in Mexico, became a legal permanent U.S. resident in 1982. In 2009, Chavarria pleaded guilty to distributing cocaine. One year later, the Supreme Court decided Padilla v. Kentucky, imposing a duty on defense attorneys to inform noncitizen clients … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Chicago Immigration Court, ineffective assistance of counsel, Padilla, Padilla v. Kentucky | Leave a comment

Padilla v. Kentucky does not apply retroactively to cases already final on direct review

Posted on February 21, 2013 by Mike Baker

In Chaidez v. United States, the Court held that Padilla v. Kentucky, in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already … Continue reading →

Posted in Guilty Pleas, ineffective assistance of counsel, Padilla, Padilla v. Kentucky, U.S. Supreme Court | Tagged | Leave a comment

Padilla v. Kentucky Reference Guide

Posted on September 13, 2010 by Mike Baker

Office of Immigration Litigation – Appellate SectionOffice of Immigration Litigation Issues Reference Guide to ImmigrationTweet http://www.justice.gov/civil/oil/OIL_Padilla_Reference_Guide.pdf Consequences of Crimes in Response to Supreme Court Decision in Padilla v. Kentucky. In view of the Supreme Court’s decision in Padilla v. Kentucky, … Continue reading →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky | 1 Comment

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 →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky, Retiractivity | Leave a comment

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