MSU College of Law

The Kelley Institute
Law of Lawyering
Supreme Court Review

Cases tagged as: immigration

Chaidez v. U.S.

133 S. Ct. 1103 (2013) (PDF)

The Court held that the Court's decision in Padilla v. Kentucky, holding that criminal defendants receive ineffective assistance of counsel under the 6th Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation, does not apply retroactively to cases already final on direct review.

Related tag(s): 2012 Term, immigration, ineffective assistance of counsel, sixth amendment,

Padilla v. Kentucky

130 S. Ct. 1473 (2010) (PDF)

Counsel's alleged failure to correctly advise an alien legal permanent resident of United States, before he pleaded guilty to trafficking in marijuana, that this was deportable offense under Immigration and Naturalization Act provision (8 U.S.C.S. § 1227(a)(2)(B)(i)) held to be deficient assistance under Sixth Amendment.

Related tag(s): 2009 Term, ABA amicus brief filed, academic amicus brief filed, attorney-client relationship, decision in favor of ABA amicus brief, decision in favor of academic amicus brief, immigration, ineffective assistance of counsel, sixth amendment,