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Criminal Procedure

Selected Works

Rebecca Sharpless

2013

Constitutional Law

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Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez And Martinez, Rebecca Sharpless, Andrew Stanton Dec 2012

Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez And Martinez, Rebecca Sharpless, Andrew Stanton

Rebecca Sharpless

In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla left undecided the critical question of whether its holding applies to other noncitizen defendants whose pleas were final before March 31, 2010, when the Court issued its opinion. The Court took up this question in Chaidez v. United States, a case raising this issue in the context of a writ of coram nobis under 28 U.S.C. § 1651(a) involving a federal conviction. Assuming, but not deciding, that the retroactivity framework set …