Followers of Padilla retroactivity might be disappointed to hear that the U.S. Supreme Court denied cert. today in Morris v. Virginia, the first case to present the question of whether Padilla qualified for retroactive application. The decision denying cert. can be found on page 15 of the Court’s order list from 10/3/2011.
This ruling should come as no surprise, however. The Virginia Supreme Court in Morris never really addressed the Padilla retroactivity question head on, if at all, and the issue is still percolating throughout the federal and state courts.
As to the latter, a helpful reader has informed me that the Eleventh Circuit Court of Appeals will soon rule on the Padilla retroactivity issue. The case is United States v. Marisella Carmen-Iglesias (Case No. 11-12316) from the Southern District of Florida. I will post the briefs and provide updates as they become available.
UPDATE: the “helpful reader” who alerted me to the Carmen-Iglesias case in the Eleventh Circuit was nice enough to send me the appellate briefs. The Government’s brief can be found here, the appellant’s/defendant’s here.
Wow… that was our first hope at resolving the conflict. I guess we continue with our struggles.