U.S. v. Orocio, No. 10-1231 (3rd Cir.) (645 F.3d 630) (June 29, 2011) (Judge Louis H. Pollak)
Here the Court became the first Circuit court to hold that the Supreme Court’s 2010 landmark ruling in Padilla v. Kentucky does not constitute a “new rule” of law and therefore it applies retroactively on collateral review to all defendants.
This decision is an important follow-up to the Supreme Court’s ...
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