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Criminal Procedure Keyed to Lee
Padilla v. Kentucky
Citation:559 U.S. 356 (2010)
Jose Padilla (Petitioner), a native of Honduras, was a lawful permanent resident of the United States for more than 40 years. He faced deportation after pleading guilty to the transportation of marijuana in his tractor-trailer in Kentucky. He initiated a post-conviction proceeding, claiming that his counsel had provided ineffective assistance. This was because counsel not only failed to advise him of this consequence to his entering the plea, but also assured him that his immigration status would not be affected since he had been in the country for years. Padilla relied on his counsel’s erroneous advice when he pleaded guilty to the drug charges that made his deportation virtually mandatory. He alleged that he would have insisted on going to trial if he had not received incorrect advice from his attorney.
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