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Padilla v. Kentucky | 559 U.S. 356 (2010)

If you plan to practice criminal defense, you should learn criminal law, criminal procedure, and evidence. And thanks to the United States Supreme Court’s 2010 decision in Padilla versus Kentucky, you might want to learn about immigration law, too.

Jose Padilla, a permanent United States resident for over forty years, and a Vietnam-era veteran, was charged with drug-trafficking offenses in Kentucky state court. Padilla’s attorney allegedly advised him that, if he accepted a proposed plea deal, his long-term United States residency and veteran’s status would protect him from being deported. Padilla then pleaded guilty to marijuana transportation. But when federal immigration officials began deportation proceedings, Padilla sought to set aside his conviction, claiming inadequate assistance of counsel. The trial court denied his motion, but the Kentucky Court of Appeals ordered an evidentiary hearing. The Kentucky Supreme Court reversed, ruling that even if Padilla’s allegations were true, the attorney’s bad advice didn’t relate to the actual criminal case. Therefore, Padilla’s Sixth Amendment right to counsel wasn’t implicated. The United States Supreme Court granted Padilla’s cert petition.

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