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Criminal Procedure Keyed to Ohlin
Padilla v. Kentucky
Citation:559 U.S. 356 (2010)
Petitioner Jose Padilla, a native of Honduras, has been a lawful permanent resident of the United States for more than 40 years. He now faces deportation after pleading guilty to the transportation of a large amount of marijuana in his tractor-trailer in the Commonwealth of Kentucky. In this post-conviction proceeding, Padilla claims that his counsel not only failed to advise him of this consequence to his entering the plea, but also told him that he did not have to worry about immigration status since he had been in the country so long. Padilla relied on his counsel’s erroneous advice when he pleaded guilty to the drug charges that made his deportation virtually mandatory. He alleges that he would have insisted on going to trial if he had not received incorrect advice from his attorney.
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