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The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen
The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen
Maine Law Review
The outcome in State v. Ali exemplifies the procedural barriers that prevent a non-citizen of the United States from raising an ineffective assistance of counsel claim while subject to deportation as a result of a criminal conviction pursuant to the Immigration and Nationality Act. Fahad Ali, a non-citizen of the United States residing in Maine, pleaded guilty to and was convicted of aggravated trafficking of marijuana and was subsequently subject to deportation as a result of that conviction. Ali filed a motion for a new trial claiming that he did not receive effective assistance of counsel under the Sixth Amendment, …
Comity Of Errors: When Federal Sentencing Guidelines Ignore State Law Decriminalizing Sentences, Hon. James A. Shapiro
Comity Of Errors: When Federal Sentencing Guidelines Ignore State Law Decriminalizing Sentences, Hon. James A. Shapiro
Akron Law Review
The Guidelines’ policy behind counting most diversionary dispositions as if they were criminal convictions is that “defendants who receive the benefit of a rehabilitative sentence and continue to commit crimes should not be treated with further leniency.”15 However, it is not “further leniency” to treat a state diversionary disposition in a way that state statutes say they should not be treated, thereby ratcheting up a federal defendant’s sentence. “Further leniency” would be to give a federal defendant another diversionary disposition for the federal crime. It is not principled for the Guidelines to undo the original leniency of the state diversionary …