Post Padilla-Miller

Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients.  As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over.  But, . . . .

Post Padilla: Padilla’s Puzzles for Review in State and Federal Courts

Vanderbilt Law Research Paper Series
Vanderbilt University Law School
Nancy J. King
Vanderbilt Law School
Gray Proctor
affiliation not provided to SSRN
Federal Sentencing Reporter, Volume 23, Issue 3 (Feb 2011)

This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation consequences of conviction constituted deficient performance under the Sixth Amendment. Issues addressed include: express waivers of review in plea agreements; what constitutes deficient advice and prejudice sufficient for a finding of ineffective assistance; the retroactive application of Padilla to cases on post-conviction review; federal habeas review of state court decisions rejecting Padilla-type claims; procedural default, successive petition, and time bars to federal habeas review of Padilla claims; and other collateral relief. This draft includes citations to emerging case authority available as of October 28, 2010.

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