The Supreme Court ruled on Wednesday that lawyers for people thinking of pleading guilty to a crime must advise their clients who are not citizens about the possibility that they will be deported.Padilla v. Kentucky, No. 08-651 (March 31, 2010) is here. SCOTUS Blog has links to other stories here.
Likening deportation to the punishments of banishment and exile, Justice John Paul Stevens, writing for five justices, said the Constitution guaranteed competent legal advice on at least some collateral consequences of guilty pleas.
“It is our responsibility under the Constitution to ensure that no criminal defendant — whether a citizen or not — is left to the mercies of incompetent counsel,” Justice Stevens wrote.
From 2005 to 2015 this blog presented news items and resources relating to trial advocacy and the legal system, with a focus on Washington State. It was developed to support the Trial Advocacy Program at the University of Washington School of Law, but broadened to include appellate practice, the courts, access to justice, and related topics. It is no longer active.
Thursday, April 1, 2010
Court Requires Warning About Deportation Risk
Court Requires Warning About Deportation Risk, N.Y. Times, March 31, 2010:
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