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Supreme Court will hear case on retroactivity of Padilla PCR claims

On Behalf of | May 1, 2012 | Criminal Law & Municipal Court, Deportation |

In an interesting development, the Supreme Court of the United States has decided to hear arguments and issue the final word on whether the decision in Padilla vs. Kentucky applies retroactively. As we have blogged about earlier, Padilla vs. Kentucky is the 2010 landmark case that holds a criminal defense attorney’s failure to advise a defendant of the adverse immigration consequences of a guilty plea can be ineffective assistance of counsel. In New Jersey, the Supreme Court of New Jersey ruled that Padilla does not have retroactive effect. The Supreme Court will now hear arguments in the fall in the case of Chaidez v. United States.