Supreme Court to Decide the Retroactivity of Padilla v. Kentucky

Supreme Court to Decide the Retroactivity of Padilla v. Kentucky

The Supreme Court granted certiarori in Chaidez v. United States to determine whether Padilla v. Kentucky applies retroactively to persons whose convictions became final before the decision was announced. Padilla held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation.