LexisNexis® Legal Newsroom
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...

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...

Padilla Retroactive in Wa. State: In re Tsai

"Because Padilla did not announce a new rule under Washington law, it applies retroactively to matters on collateral review under Teague." - In re Tsai, May 7, 2015 .