Popular Press
Supreme Court Supports Immigrant’s Right to Understand Consequences of Conviction
Collateral Consequences of Criminal Conviction and Restoration of Rights
(2017)
Abstract
In 2010, Padilla v. Kentucky established that criminal defense lawyers must advise clients about the deportation consequences of a conviction, as part of their duties under the Sixth Amendment right to the effective assistance of counsel. Jose Padilla won in the Supreme Court because his trial lawyer erroneously informed him that he would not be deported after pleading guilty to drug trafficking because he had been in the U.S. for so long and had served in the military in Vietnam. However, Padilla’s case was remanded for a lower court determination of whether his trial lawyer’s incompetence caused him prejudice, since a defendant can win an ineffective assistance of counsel claim under the Court’s 1984 decision in Strickland v. Washington only by showing both attorney incompetence and prejudice.
Keywords
- law,
- supreme court,
- criminal law
Disciplines
Publication Date
June 27, 2017
Citation Information
Jenny Roberts. "Supreme Court Supports Immigrant’s Right to Understand Consequences of Conviction" Collateral Consequences of Criminal Conviction and Restoration of Rights (2017) Available at: http://works.bepress.com/jenny_roberts/21/