10/26/2011 10:11:00 PM EST
Padilla retroactive in Maryland: Denisyuk v. State
Mark Denisyuk v. State of Maryland, No. 45, September Term 2010 - SIXTH AMENDMENT – RIGHT TO EFFECTIVE COUNSEL – GUILTY PLEA – NOTIFICATION OF IMMIGRATION CONSEQUENCES – In light of the Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. ___, 130 S. Ct. 1473 (2010), under Maryland law a Defendant receives ineffective assistance of counsel when counsel fails to inform him of the immigration consequences of pleading guilty. This holding applies retroactively to all pleas entered after the effective date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009-546 (effective April 1, 1997).