Court to Consider Whether Padilla v. Kentucky Applies Retroactively

Chaidez v. United States, 655 F.3d 684 (7th Cir. 2011), cert. granted, 132 S. Ct. 2101 3335 (April 30, 2012) (No. 11-820)

The Supreme Court granted certiorari to address the following issue:

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement.

The parties have submitted briefs, and the Court will hear oral argument on October 30, 2012.