Padilla v. Kentucky
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Summary

The Court held that defense counsel must advise noncitizen clients of deportation risks when negotiating guilty pleas, marking the first time it held a defense lawyer violated *Strickland* standards during plea bargaining.

2010 | Federal Juristiction

Padilla v. Kentucky

Keywords Court; defense counsel; noncitizen clients; deportation risks; guilty pleas; Strickland standards; plea bargaining; defense lawyer; immigration law; Sixth Amendment
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Summary

The Court ruled that defense counsel must advise noncitizen clients regarding the immigration consequences of guilty pleas during plea negotiations. This decision constituted the first occasion on which the Court determined that a defense attorney's actions during plea bargaining constituted a violation of the Strickland standards.

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Summary

The Court recently ruled that defense lawyers must inform noncitizen clients about the risks of deportation when these clients are considering a guilty plea. This particular ruling was significant because it was the first time the Court determined that a defense attorney failed to meet established professional conduct guidelines, known as Strickland standards, during the plea bargaining process. Such a failure means the lawyer's assistance was deemed ineffective in that context.

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Summary

The Court decided that defense lawyers must tell clients who are not citizens about the risk of deportation when discussing agreements to plead guilty. This was the first time the Court found that a defense lawyer did not meet the legal requirements for providing effective help, known as Strickland standards, during plea negotiations.

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Summary

A court decided that lawyers must tell clients who are not citizens about the risk of being sent out of the country. This must happen when these clients are talking about admitting to a crime. This was the first time the court said a lawyer failed to do their job correctly during such a talk.

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Footnotes and Citation

Cite

Padilla v. Kentucky, 559 U.S. 356 (2010)

Highlights