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WA: Padilla in action

By John Wesley Hall, Jr.

Defense counsel shown ineffective under Padilla v. Kentucky. State v. Sandoval, 82175-5 (Wash. March 17, 2011): First, defense counsel’s mitigation advice may not be couched with so much certainty that it negates the effect of the warnings required under Padilla. The required advice about immigration consequences would be a useless formality if, in the next breath, counsel could give the noncitizen defendant the impression that he or she should disregard what counsel just said about the risk of immigration consequences. Under Padilla, counsel can provide mitigation advice. However, counsel may not, as Sandoval’s counsel did, assure the defendant that he or she certainly “would not” be deported when the offense is in fact deportable...continue to full post

Full post as published by Law Of Criminal Defense on March 24, 2011 (boomark / email).