Law Commons^™

A Game Changer? The Impact Of Padilla V. Kentucky On The Collateral Consequences Rule And Ineffective Assistance Of Counsel Claims, Joanna Rosenberg

Fordham Law Review

The Sixth Amendment entitles a criminal defendant to effective assistance of counsel when deciding whether to plead guilty. Defense counsel, therefore, must ensure that his client understands the direct consequences of the plea: the nature of the criminal charge and the sentence. However, pursuant to the traditional collateral consequences rule employed by most courts, counsel has no Sixth Amendment obligation to warn that criminal defendant of so–called collateral consequences, such as mandatory sex offender registration, civil commitment, or ineligibility for parole. Prior to 2010, deportation was also considered a collateral consequence of a guilty plea in most jurisdictions.

In Padilla …

Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik

Fordham Law Review

No abstract provided.

Don't Train Your Employees And Cancel Your 1-800 Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen

Fordham Law Review

No abstract provided.

Fee Payments To Criminal Defense Lawyers From Third Parties: Revisiting United States V. Hodge And Zweig, David Orentlicher

Fordham Law Review

No abstract provided.

Cross-Examination Of Defendant's Character Witnesses: In Favor Of The Prosecutor's Inquiry Into The Charges At Bar, Risa Karen Plaskowitz

Fordham Law Review

No abstract provided.