Padilla v. Kentucky

Amicus Curiae brief of the National Association of Criminal Defense Lawyers, et al.

Brief filed: 06/02/2009


Padilla v. Kentucky

United States Supreme Court; Case No. 08-651

Prior Decision

Case below 253 S.W.3d 482 (Ky. 2008), cert. granted 2/23/09.


The Court should hold that the criminal defense function includes advising the client of every important consequence of a plea, in this case deportation for a non-citizen U.S. resident of 40 years and veteran of the U.S. Army resulting from a plea of guilty for trafficking in marijuana - an offense designated as an "aggravated felony" under the Immigration and Naturalization Act (INA). Accordingly, where, as here, such advice by counsel was not provided, the guilty plea, and conviction based on that plea, should be set aside. 

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Iris E. Bennett and Matthew Hersh, Jenner & Block LLP, Washington, D.C.