Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings of Padilla, Chaidez and Martinez

BY REBECCA SHARPLESS & ANDREW STANTON — In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their non-citizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime. After his conviction became final, he filed a state post-conviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. Read More

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