By Thamys Gaertner In October 2015, the Supreme Judicial Court of Massachusetts expanded on the duty of criminal defense attorneys’ to reasonably inquire into clients’ immigration status in cases involving refugees or asylees. Pavel Lavrinenko immigrated to the United States with his family as a refugee in 2000. Commonwealth v. Lavrinenko, 38 N.E.3d 278, 282-83 (Mass. 2015). The family fled Russia to escape religious persecution by the Russian government. Id. On April 10, 2005, Mr. Lavrinenko crashed into a lamp post while driving intoxicated, leading officers to a foot pursuit into a [...]
Mass. High Court Breathes New Life into Padilla in Commonwealth v. Sylvain
By Christopher N. Lasch In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky, 559 U.S. 356, requiring effective crimmigration counsel. In February, the U.S. Supreme Court issued Chaidez v. United States, 133 S. Ct. 1103 (2013), holding Padilla is not to be applied retroactively. Chaidez (summarized here in February) was a disappointment on any number of levels, as was discussed extensively on [...]
Mass SJC: Padilla retroactive to April 1, 1997; failed to show prejudice
The Massachusetts Supreme Judicial Court, the state’s highest court, held that Padilla v. Kentucky, 130 S.Ct. 1473 (2010), in which the U.S. Supreme Court held that criminal defense attorneys must advise their noncitizen clients about the deportation consequences of a plea, applies retroactively to convictions that became final on or after April 1, 1997. Comm. v. Clarke, No. SJC-10888, slip op. (Mass. June 17, 2011) (Ireland, Spina, Cordy, Botsford, Gants, and Duffly, J.). Justice Cordy wrote the court’s unanimous opinion. (Court docket with briefs is available.) This case involves an [...]