SCOTUS Grants Certiorari in Padilla Retroactivity Case
The US Supreme Court recently announced its decision granting certiorari (review) of Chaidez v. US. The Court will consider whether Padilla v. Kentucky applies to individuals whose convictions became final prior to Padilla. In Padilla, the Court held that criminal defense attorneys have a duty to advise their non-citizen criminal defendant clients that a criminal conviction will subject them to deportation – a failure to do so would be a violation of the non-citizen criminal defendant’s right to effective assistance of counsel under the 6th Amendment of the US Constitution.
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