JURIST Supported by the University of Pittsburgh

Today in legal history...

Thursday, March 31, 2011

Supreme Court ruled lawyer must inform client of deportation risk
Dwyer Arce at 12:00 AM ET

On March 31, 2010, the US Supreme Court ruled 7-2 in Padilla v. Kentucky that the Sixth Amendment guarantee of effective assistance of counsel requires a criminal defense lawyer to advise a non-citizen client that pleading guilty to an aggravated felony will trigger mandatory, automatic deportation. The Supreme Court of Kentucky had ruled that a guilty plea induced by bad advice does not amount to ineffective assistance of counsel and does not warrant setting aside the guilty plea. In reversing the decision below, Justice John Paul Stevens wrote: "[A] constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation." Justice Samuel Alito filed a concurring opinion, joined by Chief Justice John Roberts. Justice Antonin Scalia filed a dissenting opinion, in which Justice Clarence Thomas joined.

Learn more about the constitutional requirements of right to counsel from the JURIST news archive.

Link post | IM post | go to JURIST | © JURIST, 2011


 Egypt breaks diplomatic relations with Syria, Libya, Algeria and South Yemen
December 5, 2016

 21st Amendment ended Prohibition
December 5, 2016

 click for more...


Add This Day at Law to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL


Subscribe to This Day at Law alerts via R|mail. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.
MyBlogAlerts also e-mails alerts of new This Day at Law entries. It's free and fast, but ad-based.


This Day at Law welcomes reader comments, tips, URLs, updates and corrections. E-mail us at archives@jurist.org