SCOTUSwiki Discussion: Padilla v. Kentucky

By Amy Howe
on Jun 2, 2009
Last week petitioner Jose Padilla filed his brief on the merits in No. 08-651, Padilla v. Kentucky. The case presents two questions: (1) does defense counsel have a duty to investigate and advise a non-citizen client that a guilty plea will lead to his deportation; and (2) does an attorneys erroneous advice to his non-citizen client that his guilty plea will not result in deportation constitute ineffective assistance of counsel? Padillas merits brief is here; you can also read a discussion of the case by Stanford student David Owens on Scotuswiki here.
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