Tuesday, May 1, 2012

Supreme Court Considers Whether Padilla Ruling Can Apply Retroactively

The United States Supreme Court will decide whether its ruling in Padilla v. Kentucky, that immigrant defendants are entitled to effective counsel in criminal cases applies retroactively to criminal cases decided before the 2009 Padilla ruling.   This is significant for immigrants who have criminal convictions before 2009 and whose defense counsel did not advise them of the important immigration consequences of a guilty plea.  The Supreme Judicial Court of Massachusetts ruled last year in Commonwealth v. Clarke that Padilla applied retroactively in Massachusetts and that criminal defendants who were not adequately advised of the immigration consequences of their plea may be entitled to a new trial.  However, the Supreme Court may now have the final say on the matter.   See Chaidez v. United States, No. 11-820.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters