Padilla v. Kentucky
Brief Details
- Case No.: 08-651
- Brief Filed: June 02, 2009
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Case below 253 S.W.3d 482 (Ky. 2008), cert. granted 2/23/09.
Argument(s)
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.
Author(s)
Iris E. Bennett and Matthew Hersh, Jenner & Block LLP, Washington, D.C.
