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Notoriously Lousy: Applying The Strickland Test When Defense Counsel Fails To Seek To Avoid The Imposition Of Collateral Consequences, Alfredo Vasquez
Notoriously Lousy: Applying The Strickland Test When Defense Counsel Fails To Seek To Avoid The Imposition Of Collateral Consequences, Alfredo Vasquez
Alfredo Vasquez
From the 1970s through the early 2000s, plea bargains resolved the vast majority of criminal cases in the United States. While the number of guilty pleas has been consistently high, the number of collateral consequences flowing from criminal convictions has increased. The Supreme Court imposed some regulation on guilty pleas during the last part of the 1960s but it was not until its decision in Padilla v. Kentucky in 2010 that the Court began regulating defense counsel’s duties towards his client during plea negotiations. The Court so far has limited its rulings to immigration consequences in Padilla, and the attorney-client …