Add another state appellate court to the growing list that have held that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), applies retroactively to convictions that became final prior to the date it was issued (March 31, 2010). The Minnesota Court of Appeals, the state’s intermediate appellate court, recently held that Padilla applies retroactively. Campos v. Minnesota, No. 27CR0933865, slip op. (May 16, 2011) (Stoneburner, Ross, and Bjorkman, J.). This case involves an LPR who pleaded guilty to Minnesota’s simple robbery offense in July 2009 and received “a stay of imposition of sentence for [...]
Tx Ct App: Padilla retroactive; vacates conviction (again)
Following what is fast becoming a trend among Texas intermediate appellate courts as well as courts in other states and a few federal district courts, the Court of Appeals for the First District of Texas held that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), applies retroactively to convictions that became final before the date it was issued (March 31, 2010). Ex Parte Tanklevskaya, No. 01-10-00627-CR, slip op. (Tex. App. May 26, 2011) (Keyes, Higley, and Bland). The court went on to hold that a plea attorney’s failure to advise a noncitizen defendant that she would be inadmissible upon [...]
Scholars Sidebar: When State Courts Meet Padilla
In my most recent article, When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions, 12 Loyola J. of Public Interest Law 299 (2011), I argue that state courts face a steep crimmigration learning curve thanks to Padilla v. Kentucky. Here’s the abstract: Padilla v. Kentucky’s recognition of deportation consequences as a component of the Sixth Amendment effective assistance of counsel guarantee promised dramatic impact on criminal proceedings involving noncitizen defendants. Realizing this promise depends on courts’ [...]
Tex Ct App: Padilla is retroactive; vacates conviction
An intermediate state court in Texas recently held in a published decision that Padilla applies retroactively to convictions entered before the date Padilla was issued. State v. Golding, No. 01-10-00685-CR, slip op. (Tex. App. May 12, 2011) (Bland, Radack, and Alcala). The court then affirmed the trial court’s vacation of a conviction. Justice Bland wrote the panel’s decision. This case involved an LPR convicted of two Texas misdemeanors in 1994, driving while intoxicated and unlawful possession of a firearm. Golding, No. 01-10-00685-CR, slip op. at 2. The firearm conviction renders him [...]
Scholars Sidebar: Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions
In Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment, Yolanda Vázquez presciently argued in the days before Padilla v. Kentucky that “an attorney’s ethical and moral duty is to advise his client about the immigration consequences of a criminal conviction.” 20 Berkeley La Raza Law Journal 31 (2010). Despite the fact that part of the discussion Vázquez presents (especially parts II and III) has been affected by Padilla, this article should be of interest to [...]
U.S. Dist. Ct.: Padilla applies retroactively, but court’s admonishment can cure attorney’s deficient performance
A U.S. District Court judge in Texas recently applied Padilla v. Kentucky, 130 S. Ct. 1473 (2010), retroactively, but then went on to conclude that the noncitizen was not prejudiced because the court’s admonishment cured any deficient performance by her attorney. Marroquin v. United States, 2011 U.S. Dist. LEXIS 11406 (Feb. 4, 2011) (Crane, J.). The noncitizen in this case sought to vacate a conviction for transporting an alien entered prior to the Supreme Court’s issuance of Padilla. An Immigration Judge found that this conviction rendered her inadmissible as an “alien who [...]
Symposia: Two law schools to address Padilla
Reflecting the impact that Padilla v. Kentucky is having throughout the country, two law reviews are hosting symposia on crimmigration one year after Padilla. On January 28, the UCLA Law Review will host Immigration Law and Criminal Law: Defining the Outsider, where at least one panel will focus on Padilla. A month later, on February 25, the St. Louis University Law Review will host The Aftermath of Padilla v. Kentucky: A New Era for Plea Bargaining and Sentencing?Both events feature marquee lineups in crimmigration and leading figures in the Padilla decision itself as well as its aftermath. [...]
Article: Padilla victory by crImmigration.com co-editor is rare win
Jeremy Roebuck, a reporter for the Monitor newspaper, wrote an article in Friday’s edition of the paper describing a Padilla claim won by attorney Carlos Moctezuma García as an “exception.” Jeremy Roebuck, Attorneys: Landmark Immigration Ruling Has Caused Only Ripples in Valley, The Monitor (McAllen, Texas), Sept. 24, 2010. According to Roebuck, most claims brought under the Supreme Court’s recent ruling in Padilla v. Kentucky, in which the Court held that defense attorneys must affirmatively and accurately advise their non-citizen clients of the risk of deportation stemming from pleading [...]