Padilla and Beyond: An ABA Criminal Justice Section Publication – features materials and an instructional video from The Criminal Justice Section Symposium at the Newseum in Washington, D.C. (2010) Implications of Padilla v. Kentucky on the Duties of State Court Criminal Judges by Steven Weller and John A. Martin, Center for Public Policy Studies (Jul. 2010)
In Padilla v. Kentucky, the Supreme Court confirmed that criminal defendants have a right to advice from counsel about the potential immigration consequences of their convictions, and that failure to provide such advice may constitute ineffective assistance of counsel, in violation of the Sixth Amendment. As courts around the country consider what role they should play in ensuring that defense counsel … Read more »
Judicial Obligations After Padilla v. Kentucky: The Role of Judges in Upholding Defendants’ Rights to Advice About the Immigration Consequences of Criminal Dispositions (October 2011) This 69-page report provides general background information and informed guidance to criminal court judges about the wide range of implications of the Padilla decision and to recommend best practices for judges to protect the rights of noncitizen defendants under that … Read more »