The U.S. Supreme Court held in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), that plea negotiations are a critical phase of litigation for purposes of the Sixth Amendment and that defense counsel must inform a defendant whether a guilty plea carries a risk of deportation. Consequently, the court held that defense counsel's failure to do so amounts to ineffective assistance of counsel. The court more recently clarified that the rule in Padilla does not apply retroactively. Se...
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