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Justices Consider Ineffective Counsel Case

  • During oral argument in Padilla v. Kentucky, several of the Supreme Court justices appeared at times to struggle with how to handle a criminal defendant's claim of ineffective counsel. The New York Times' Adam Liptak reports that the "justices seemed uncertain about whether they could fashion a legal rule that would address extreme cases without causing turmoil in the criminal justice system." In his case before the high court, Jose Padilla argues that he plead guilty to a felony after his attorney told him that his conviction would not affect his immigration status. Padilla's lawsuit asserts that his counsel's advice was ineffective, thereby violating his Sixth Amendment right to counsel. Justice Scalia asked, "What about advice on whether pleading guilty would cause him to lose custody of his children? What if pleading guilty will affect whether he can keep his truck, which is his main source of livelihood?" The Blog of Legal Times reports that Scalia appeared "wary of expanding the definition of ineffective assistance." Transcript of the Padilla argument is available here.


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Submitted by riad jacob (not verified) on Wed, 11/11/2009 - 8:39am.

Hello to whom this may concern,

I was given a public the defender and i was badly misrepresented, I have suffer and lock up for six months waiting for a trial, my lawyer keep on tell me don't go to trial because the jury don't like immigrant from different country so pleas guilty even am innocence... I have my mother, father, sisters, brothers, and my 7 years old live in united states and i am a canadian who they dont want me back in the country... please help me am innocence of all wrong doing..

Riad Jacob
riadjacob@hotmail.com
514-588-2436

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