The Supreme Court granted cert in Padilla v. Commonwealth of Kentucky. Does the Sixth Amendment’s guarantee of effective assistance of counsel require a criminal defense attorney to advise a non-citizen client that pleading guilty to an aggravated felony will trigger mandatory, automatic deportation, and if that misadvice about deportation induces a guilty plea, can that misadvice amount to ineffective assistance of counsel and warrant setting aside the guilty plea?
Petition for certiorari, Petitioner’s Reply Brief, and an amicus curiae of Criminal and Immigration Law Professors, et al. (in support of petitioner).
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