Civil and Human Rights

U.S. Supreme Court set for another blockbuster term

By Kimberly Atkins (subs. req. for full article)

 

…Since the Padilla ruling, state and federal courts have split on whether it applies to cases that preceded it. In Chaidez, the Supreme Court will decide whether Padilla announced a new rule – which would mean it applies only prospectively – or clarified an existing rule, which would permit retroactive application.

 

Elizabeth B. Wydra, chief counsel for the Washington-based Constitutional Accountability Center, who wrote an amicus brief in the case, said attorneys have been awaiting this answer ever since the Padilla ruling.

 

“It is very significant for people who have been given improper legal counsel on [the] deportation consequences of their pleas,” Wydra said. “The volume of claims that we have seen after Padilla has really brought to light the importance of this.”

 

Oral argument is scheduled for Oct. 30….

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