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Padilla v. Commonwealth of Kentucky

Docket No. Op. Below Argument Opinion Vote Author Term
08-651 Supreme Court of Kentucky Oct 13, 2009
Tr.
Mar 31, 2010 TBD Stevens OT 2009

Holding: The lawyer for an alien charged with crime has a constitutional obligation to tell the client that a guilty plea carries a risk that he will be deported. (The Court, however, did not decide whether the individual in this specific case has been prejudiced by the lawyer's failure to give that advice.)

Judgment: Reversed and remanded, in an opinion by Justice John Paul Stevens on March 31, 2010. in a 7-2 decision with an opinion by Justice Stevens. Justice Alito concurred, joined by Chief Justice Roberts. Justice Scalia dissented, joined by Justice Thomas.

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    On Monday afternoon Justices Anthony Kennedy and Stephen Breyer testified before the House Appropriations Committee. The purpose of the hearing was to discuss the Court’s budget for the next fiscal year and the federal judiciary, but the legislators also took full advantage of the occasion to touch on other topics as well.

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