Some Late-Term Padilla Retroactivity News from SCOTUS


According to the SCOTUS blog, the Supreme Court has, at the suggestion of the Solicitor General’s office, decided to hold a case pending the outcome of Chaidez.  That case is Doan v. United States and it involves the issue of Padilla retroactivity.  Doan comes from the Eastern District of Virginia and the Fourth Circuit Court of Appeals.  Doan’s claim that Padilla applied retroactively was rejected by the lower court and Dona’s appeal from that ruling was later dismissed by the Court of Appeals because it found that Doan did not satisfy the standards for issuance of a Certificate of Appealability.  

The Supreme Court docket information for Doan is available here.  The trial court opinion which contains an analysis of Padilla retroactivity can be accessed on Google Scholar by searching for the name Thai Hong Doan.  I will try to get my hands on the brief filed by the Solicitor General’s office and if successful will post it here.    

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