(CN) - The lawyer who advised a Honduran immigrant to plead guilty to drug distribution charges failed to provide him with an adequate defense in violation of the Sixth Amendment, the Supreme Court ruled.
In reversing the Kentucky Supreme Court's denial of a post-conviction hearing, the high court found in a 7-2 vote that Jose Padilla's attorney was "constitutionally deficient," and that his Sixth Amendment right to an effective counsel had been violated.
Padilla said that he would not be facing deportation if his attorney had not encouraged him to plead guilty, telling him that he "'did not need to worry about immigration status since he had been in the country so long.'"
Writing the court's opinion, Justice John Paul Stevens said, "We agree with Padilla that constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation.
"The importance of accurate legal advice for non-citizens accused of crimes has never been more important," Stevens wrote.
Follow @MariaDinzeo
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Alaska, Hawaiian Airlines April 17, 2024 -
-
Contributor-Test-Post-2024-04-12 April 12, 2024 -
