☰ In this section

The Champion

May 2010 , Page 18 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction

By Margaret Colgate Love

On March 31, 2010, the Supreme Court handed down a 7-2 decision in Padilla v. Kentucky,1 surprising even those who had been following the case closely. In an extraordinary expansion of the Sixth Amendment rights of criminal defendants, the Court held that a defense lawyer failed to provide his noncitizen client effective assistance of counsel under Strickland v. Washington2 when he did not warn him that he was almost certain to be deported if he pled guilty. It is the first time that the Court has applied the 1984 Strickland standard to a lawyer’s failure to advise a client about a consequence of conviction that is not part of the sentence imposed by the court.

While Padilla’s implications for cases involving deportation are clear, it may also require lawyers to consider many other legal implications of the plea.

Justice Stevens, writing for the five-justice majority, began his opinion by explaining that Jose Padilla, a native of Honduras, had been a lawful permanent resident of the Unit

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us