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Criminal Law

2013

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New Legal Challenge To Guantanamo Confinement, Robert Sanger Aug 2013

New Legal Challenge To Guantanamo Confinement, Robert Sanger

Robert M. Sanger

We will discuss in this article a new Petition for Writ of Habeas Corpus filed in the federal court relating to the non-release of detainees held at Guantanamo Bay notwithstanding the order of the Administration for their release. As of this writing, the President of the United States has issued orders releasing at least 40 detainees, including Ahmed Adnan Ajam who is the subject of the new Petition. Ironically, under the National Defense Authorization Act for the Fiscal Years 2011-20131 (“NDAA”), the President is restricted from releasing detainees under the NDAA which was enacted as a partisan rider to defense …

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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 …

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