What was the holding in Padilla v Kentucky?

What was the holding in Padilla v Kentucky?

Padilla v. Kentucky

Padilla v. Commonwealth of Kentucky
Subsequent Remanded to Kentucky courts
The lawyer for an alien, charged with a crime, has a constitutional obligation to tell the client if a guilty plea carries a risk that he will be deported.
Court membership

Which issue related to the right to counsel did Padilla v Kentucky involve?

What issue related to the right to counsel did Padilla v. Kentucky involve? The Courts ruled that defense attorneys are obligated to inform noncitizen defendants that may be subject to deportation if they plead guilty to a crime.

What is the criminal lawyer’s most important commodity in securing clients?

The criminal lawyer’s most important commodity in securing clients is his or her reputation. As written by the framers of the U.S. Constitution more than 200 years ago, the right to counsel meant only that a judge could not prevent a defendant from bringing a lawyer to court.

Who is the prosecutor’s client?

(b) The prosecutor’s client is the public, not particular government agencies or victims. (ii) develop legally admissible evidence sufficient to obtain and sustain a conviction of those who are guilty and warrant prosecution.

Why was Jose Padilla sent to civilian jail?

Padilla was held for three and a half years as an enemy combatant. Upon pressure and lawsuits from civil liberties groups, he was transferred to a civilian jail in 2006. In August 2007, a federal jury found him guilty of conspiring to commit murder and fund terrorism.

Why did the Kentucky Supreme Court deny Padilla?

The Kentucky Supreme Court denied Padilla postconviction relief on the ground that the Sixth Amendment’s effective-assistance-of-counsel guarantee does not protect defendants from erroneous deportation advice because deportation is merely a “collateral” consequence of a conviction.

When did Jose Padilla go to Saudi Arabia?

Padilla traveled to Egypt, Saudi Arabia, Afghanistan, Pakistan, and Iraq. On his return, he was arrested by U.S. Customs agents at Chicago ‘s O’Hare International Airport on May 8, 2002, and held as a material witness on a warrant issued in the state of New York stemming from the September 11, 2001, attacks .

Who is shamia Padilla that Jose Padilla married?

In January 2001, she had placed an ad in a local business newspaper, serving notice that she was seeking divorce. Their divorce papers identify him as Jose Ibrahim Padilla. Padilla married an Egyptian woman named Shamia’a, and they had two sons together. When he was arrested in 2002, the boys were infants.

What was the ruling in Rumsfeld v.padilla?

Bush, 233 F. Supp. 2d 564. The court held that the Secretary’s “personal involvement” in Padilla’s military custody renders him a proper respondent to Padilla’s habeas petition, and that it can assert jurisdiction over the Secretary under New York’s long-arm statute, notwithstanding his absence from the Southern District. 4 Id., at 581—587.

What was the Supreme Court decision in Padilla v Kentucky?

Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea. The case extended the Supreme Court’s prior decisions on criminal defendants’ Sixth Amendment…

Why was Padilla apprehended in New York?

As he stepped off the plane, Padilla was apprehended by federal agents executing a material witness warrant issued by the United States District Court for the Southern District of New York (Southern District) in connection with its grand jury investigation into the September 11th terrorist attacks.

What should I do after Padilla v Kentucky?

After Padilla, if the law is unambiguous, attorneys must advise their criminal clients that deportation will result from a conviction. Also, if the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation may result.