crimmigration.com

The intersection of criminal law and immigration law

  • Home
  • About César
  • Articles
  • Books
  • Book Tour
  • Talks & Media

Md Ct App: Padilla is retroactive; vacates conviction

In an impressively well-reasoned decision, the Maryland Court of Appeals, the state’s highest court, held that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), applies retroactively to convictions entered after April 1, 1997. Denisyuk v. State, No. 45, slip op. (Md. Oct. 25, 2011) (Bell, Harrell, Barbera, Greene, JJ.). Justice Barbera wrote the majority’s opinion. Justice Battaglia wrote a dissenting opinion joined by Justice Murphy. Justice Adkins wrote separately in dissent. This case involved a noncitizen who pleaded guilty to second degree assault on November 2, 2006. Denisyuk, No. 45, slip [...]

Posted by César on November 1, 2011 on 9:00 am 103 Comments
Filed Under: § 212(c), Maryland state court, Padilla v. Kentucky, post-conviction relief, right to counsel, state court

Subscribe


Recent Posts

  • Biden-Harris immigration priorities signal big shift, raise many questions
  • Biden’s Migration Policy Options
  • Migrating to Prison, one year later
  • With Biden returning to White House, private prison stock falls
  • New York Review of Books
  • Justice Dept pushes Supreme Court to Imperil Families

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.