The Federalist Society

Padilla v. Commonwealth of Kentucky – Post-Argument SCOTUScast

SCOTUScast 12-04-09 featuring Margaret D. Stock

December 4, 2009

Margaret D. Stock

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  Padilla v. Commonwealth of Kentucky - Post-Argument SCOTUScast - MP3
Running Time: 00:30:49

On October 13, 2009, the Supreme Court heard oral argument for Padilla v. Commonwealth of Kentucky. The issues in this case are 1) whether  the Sixth Amendment’s guarantee of effective assistance of counsel requires a criminal defense attorney to advise a non-citizen client that a guilty plea to an offense will result in his deportation, and 2) whether if an attorney affirmatively provides incorrect advice about deportation and the defendant pleads guilty, the attorney's incorrect advice amounts to constitutionally ineffective assistance of counsel and warrants a setting aside of the guilty plea.

To discuss the case, we have United States Military Academy at West Point Department of Social Sciences Professor Margaret D. Stock.

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Related Links

Transcript of Oral Argument – October 13, 2009 (PDF)


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