SUPREME COURT DECISION IN PADILLA V. KENTUCKY CHANGES THE ROLE OF CRIMINAL DEFENSE LAWYERS12/30/2010 CHICAGO-(AEAE)-THE U.S SUPREME COURT FOUND IN Padilla v. Kentucky, 08–651, that the role of the criminal defense lawyer in their failure to give proper advise to a client when explaining the consequences or lack there of when accepting a guilty plea, can lead to reversal of a conviction because of ineffective counsel. “In this post conviction proceeding, Padilla claims that his counsel not only failed to advise him of this consequence prior to his entering the plea, but also told him that he "`did not have to worry about immigration status since he had been in the country so long.'" 253 S.W.3d 482, 483 (Ky.2008). Padilla relied on his counsel's erroneous advice when he pleaded guilty to the drug charges that made his deportation virtually mandatory. He alleges that he would have insisted on going to trial if he had not received incorrect advice from his attorney.” The Supreme Court reversed. Click on Padilla v. Kentucky,
3 Comments
fed watcher
12/29/2010 07:53:35 pm
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12/30/2010 05:13:31 am
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