New Paper on Padilla Retroactivity


Courtesy of Doug Berman over at Sentencing Law and Policy: Gray Proctor and criminal procedure guru, Nancy King, have jointly authored an article entitled Post Padilla: Padilla’s Puzzles for Review in State and Federal Courts.  The article can be accessed here.

From the preamble:

This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation consequences of conviction constituted deficient performance under the Sixth Amendment. Issues addressed include: express waivers of review in plea agreements; what constitutes deficient advice and prejudice sufficient for a finding of ineffective assistance; the retroactive application of Padilla to cases on post-conviction review; federal habeas review of state court decisions rejecting Padilla-type claims; procedural default, successive petition, and time bars to federal habeas review of Padilla claims; and other collateral relief. This draft includes citations to emerging case authority available as of October 28, 2010.

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