⚖️ Padilla v. Kentucky

Wednesday, March 31, 2010 All day

Criminal defense attorneys are duty-bound to inform clients of the risk of deportation under three circumstances. First, where the law is unambiguous, attorneys must advise their criminal clients that deportation "will" result from a conviction. Second, where the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation "may" result. Finally, attorneys must give their clients some advice about deportation—counsel cannot remain silent about immigration consequences. Decided March 31, 2010 (argued October 13, 2009). Opinion of the Court: John Paul Stevens → go there Dissenting: Scalia. Applied: the Sixth Amendment → go there Applied: the Fourteenth Amendment → go there Topic: Other rights regarding counsel. Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea. The case extended the Supreme Court's prior decisions on criminal defendants' Sixth Amendment right to counsel to immigration consequences. Wiki link

⚖️ Padilla v. Kentucky