In an order signed August 5, 2010, a Texas District Court judge vacated an LPR’s theft conviction in response to a claim based on Padilla v. Kentucky, 130 S. Ct. 1473 (2010). Ex Parte Gonzalez, CR-395-08-J(1) (Tex. Dist. Ct. Aug. 9, 2010). In Padilla, the Supreme Court held that the Sixth Amendment right to counsel requires a defense attorney to accurately advise a client about the likelihood of deportation. Padilla, 130 S. Ct. at 1483. This case involved an LPR who pled guilty to a Texas theft offense on April 3, 2008. He was sentenced to two years imprisonment, five years community [...]
SCOTUS: Defense attorney must inform client whether plea carries risk of deportation
In a decision published yesterday, the U.S. Supreme Court held that criminal defense counsel must inform a client whether a plea carries a risk of deportation. Padilla v. Kentucky, 559 U.S. __, No. 08-651, slip op. (March 31, 2010). Justice Stevens delivered the majority opinion, which Kennedy, Ginsburg, Breyer, and Sotomayor joined. Justice Alito concurred in the judgment, with whom Chief Justice Roberts joined. Justice Scalia dissented, joined by Thomas. José Padilla, a 40-year lawful permanent resident, pled guilty to transporting a large amount of marijuana in Kentucky. Padilla, No. [...]
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