LexisNexis® Legal Newsroom
New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004 NMSC 36, 136 N.M. 533, 101 P.3d 799. Paredez...

Strickland/Padilla Victory in Texas: Ex Parte Ramirez

Another Strickland/Padilla victory (unpub.) from attorney Steve Spurgin in Marfa, Texas: Ex Parte Ramirez, Aug. 1. 2012 .

Padilla's Conviction Overturned, New Trial Granted

"A convicted drug trafficker from Honduras who won a 2010 U.S. Supreme Court ruling will get a new trial after a state appeals court overturned his conviction because his attorney gave bad advice about deportation. The Kentucky Court of Appeals on Friday ordered a new trial for Jose Padilla, a native...

NY Appeals Court: Padilla Retroactive - People v. Baret

"We conclude that Padilla, decided after defendant's conviction was affirmed on direct appeal (43 AD3d 648 [2007], affd 11 NY3d 31 [2008]), should be applied retroactively." - People v. Baret, Oct. 2, 2012 . Hats off to Labe M. Richman !

Court Enjoins New Mexico's Foreign National Residency Certification Program

"Immigrant advocates in New Mexico praised a court settlement announced last week that effectively laid to rest a controversial driver’s license certification program implemented by the state Motor Vehicle Division (MVD) last year. In a mutually-agreed upon resolution to a legal challenge...

Is Padilla Retroactive? One Texas Court Says Yes

"We conclude that Olvera met his burden to show a reasonable probability that, but for his counsel's erroneous advice, he would not have pleaded guilty and would have insisted on going to trial. ... We also conclude that Padilla and Martinez apply retroactively to the time of the guilty plea...

Supreme Court Oral Argument Preview: Chaidez v. U.S. (Padilla Retroactivity)

" In Padilla v. Kentucky (2010), the Court held that an ineffective assistance of counsel claim under the Sixth Amendment could be based on an attorney’s failure to inform a criminal defendant of the risk of deportation resulting from a plea agreement and criminal conviction. In so holding...

Online Symposium on Chaidez v. U.S.: Is Padilla Retroactive?

" Tomorrow morning the U.S. Supreme Court is scheduled to hear oral arguments in Chaidez v. United States , No. 11-820, a case asking the Court to decide whether its landmark decision in Padilla v. Kentucky , 130 S. Ct. 1473 (2010), applies retroactively. With the help of 11 outstanding contributors...

Online Chaidez (Padilla Retroactivity) Symposium Continues

crImmigration.com, Nov. 1, 2012 : " The online symposium on Chaidez v. United States continues today with contributions by Christopher N. Lasch, Craig Siegel, and Carlos M. García. On Monday, the symposium will feature several analyses of today's oral arguments. Here's the complete...

Chaidez v. U.S. Oral Argument Transcript (Padilla Retroactivity)

Chaidez v. U.S. Oral Argument Transcript - U.S. Supreme Court, Nov. 1, 2012. - Stanford Law Professor Jeffrey L. Fisher argued for Ms. Chaidez.

An Unapologetic Con-Law Nerd Reports from the Supreme Court

" So I went up to the Supreme Court yesterday to hear argument in Chaidez v. United States , No. 11-820 . Chaidez concerns the straightforward question whether the Court’s decision in Padilla v. Kentucky , 130 S. Ct. 1473 (2010) , applies retroactively – i.e., to defendants whose convictions...

Chaidez Oral Argument Recap by Dean Kevin Johnson

"The argument was a lawyerly-like exercise in appellate advocacy, with the Justices skillfully probing the legal arguments concerning a collateral attack on a criminal conviction, as well as the policies implicated by the retroactive application of a decision of the Supreme Court. ... From my reading...

Three New Chaidez / Padilla Retroactivity Essays

" The online symposium that started last week discussing the ins and outs of Chaidez v. United States , the case argued before the U.S. Supreme Court last week asking it to decide whether its landmark Padilla v. Kentucky decision applies retroactively, continues today with new contributions by Rebecca...

Deportation, Then and Now

"In March 2010, the U.S. Supreme Court concluded that a defendant's 6th Amendment right to counsel — and its implied right to effective counsel — is violated when defense lawyers fail to warn their noncitizen clients that a guilty plea to certain offenses carries a risk of deportation...

Prosecutor: No Need to Fear Floodgates if Padilla Retroactive

"By providing that the nation's standards of justice also apply to cases decided before March 31, 2010, a favorable decision in Chaidez will give prosecutors the option, if they desire, to revisit plea agreements that failed to achieve justice the first time around. We need not fear that courts...

Supreme Court, 7-2, Padilla Not Retroactive: Chaidez v. U.S.

Majority (Kagan) - "In Padilla v. Kentucky, 559 U. S. ___ (2010), this Court held that the Sixth Amendment requires an attorney for a criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that...

Roundup: Chaidez Fallout

" In Chaidez v. United States , the Court held that Padilla v. Kentucky , in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review. Adam...

After Chaidez, Padilla Not Retroactive in Texas: Ex Parte De Los Reyes

"Applicant below, Joel De Los Reyes, filed an application for writ of habeas corpus, in which he alleged that he received ineffective assistance of counsel because his trial counsel failed to advise Applicant that he was almost certainly subject to deportation after he pled guilty to a second crime...

Padilla Retroactive in Mass: Commonwealth v. Sylvain

Wendy Wayne writes: "Today, the SJC held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in Padilla v. Kentucky, is retroactive under Massachusetts common law for convictions obtained after April 1, 1997. The SJC also found a separate...

Mass. High Court Breathes New Life Into Padilla in Commonwealth v. Sylvain

"In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky , 559 U.S. 356, requiring effective crimmigration...

'Padilla' Advisal Added to Fed. R. Crim. P. 11(b)(1)

"Effective December 1, 2013, an amendment to Rule 11(b)(1) takes effect that requires a [federal district court] judge, during a plea colloquy, to inform the defendant and ensure that he understands that "if convicted, a defendant who is not a United States citizen may be removed from the United...

CA5 on Padilla: U.S. v. Urias-Marrufo

"Defendant Ana Victoria Urias-Marrufo (“Urias”) appeals from the district court’s denial of her motion to withdraw her guilty plea. Following that denial, the district court entered a final judgment of conviction and sentenced her to imprisonment of 37 months. We vacate and remand...

Unpub. BIA Stop-Time Remand Victory: Matter of Mendoza-Olivas

Steve Spurgin writes: "[ Linked here is an unpub .] BIA decision in which the Board said that an admission of a stop time crime that was vacated on Padilla grounds in a removal proceeding for a LPR does not stop time unless the respondent is warned in advance about the elements of the offense, citing...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...

N.Y. Ct. App. on Padilla Retroactivity: People v. Baret

"The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US __...