Padilla v. Commonwealth of Kentucky

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, 7-2, 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.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Jose Padilla
• Brief for Respondent Commonwealth of Kentucky
• Reply Brief for Petitioner Jose Padilla

Amicus Briefs

• Brief for the American Bar Association in Support of Petitioner
• Brief for the Constitutional Accountability Center in Support of Petitioner
• Brief for the Legal Ethics, Criminal Procedure, and Criminal Law Professors in Support of Petitioner
• Brief for Asian American Justice Center, Mexican American Legal Defense and Educational Fund, and Other Immigrants’ Rights Organizations in Support of Petitioner
• Brief for The National Association of Criminal Defense Lawyers, the National Legal Aid & Defender Association, the Kentucky Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar, the Immigration Impact Unit of the Massachusetts Committee for Public Counsel Services, the New Mexico Criminal Defense Lawyers Association, New York State Defenders Association, Oregon Criminal Defense Lawyers Association, Texas Criminal Defense Lawyers Association, Washington Defender Association, the Legal Aid Society of the City Of New York, the Neighborhood Defender Service of Harlem, the Defender Association of Philadelphia, the Florence Immigrant and Refugee Rights Project, the Immigrant Defense Project, the Immigrant Legal Resource Center, and the National Immigration Project of the National Lawyers Guild in Support of Petitioner
• Brief for the United States of America in Support of Affirmance
• Brief for the States of Louisiana, Alabama, Colorado, Connecticut, Florida, Hawaii, Idaho, Indiana, Kansas, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington & Wyoming And The National District Attorneys Association in Support of Respondent

Certiorari-stage documents

• Opinion Below (Supreme Court of Kentucky)
• Petition for certiorari
• Brief in opposition
• Brief amici curiae of Criminal and Immigration Law Professors, et al.
• Petitioner's reply

Media Coverage

• Washington Post: Crime and Banishment (Oct. 13, 2009)
• Los Angeles Times: Right to Counsel Should Include Competence (Oct. 17, 2009)
• Bloomberg: Lawyers Must Warn of Deportation Risk, U.S. Supreme Court Says (Mar. 31, 2010)
• CNN: High Court: Immigrant Defendants Must Be Told of Deportation Risk (Mar. 31, 2010)
• National Public Radio: High Court: Lawyers Must Give Immigration Advice (Mar. 31, 2010)
• New York Times: Court Requires Warning About Deportation Risk (Mar. 31, 2010)
• USA Today: Lawyers Must Point Out Deals’ Deportation Risk (Mar. 31, 2010)
• Washington Post: Supreme Court Says Lawyers Must Tell Immigrant Clients of Deportation Risk (Apr. 1, 2010)
• New York Times: When a Lawyer Is Wrong (Apr. 5, 2010)
• New York Times: Across the Border, Over the Line (Apr. 8, 2010)

From the Blogosphere

• American Constitution Society Blog: Justices Consider Ineffective Counsel Case (Oct. 14, 2009)
• Huffington Post: Debunking the Myth That Deportation Is Not Punishment (Oct. 14, 2009)
• American Constitution Society Blog: The Argument in Padilla v. Kentucky (Oct. 21, 2009)
• Law.com: Law Students See Their Work in Action at Supreme Court (Nov. 11, 2009)
• National Law Journal: Do Defendants Get Enough Warning About a Guilty Plea’s Consequences? (Nov. 23, 2009)
• American Constitution Society Blog: High Court: Attorneys Must Inform Defendants of Immigration Consequences (Mar. 31, 2010)
• Text & History: Victory in Padilla v. Kentucky: Supreme Court Rules That Criminal Defendants Are Constitutionally Entitled To Immigration Advice (Mar. 31, 2010)
• Sentencing Law & Policy: Is the Padilla Ruling as Profound as it Seems? (Apr. 1, 2010)
• Huffington Post: Supreme Court Ruling Speaks of a New Kind of Public Defense (Apr. 5, 2010)