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U.S. v. Batamula, No. 12-20630 (5th Cir.) (823 F.3d 237) (May 3, 2012) (Per Curiam)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Batamula, No. 12-20630 (5th Cir.) (823 F.3d 237) (May 3, 2012) (Per Curiam) by In U.S. v. Batamula, 788 F.3d 611 (5th Cir. June 2, 2015) (“Batamula I”) (P&J, 06/15/15), a panel from the Fifth Circuit issued a notable ruling about the survival of claims of ineffective assistance …

Lee v. U.S., No. 14-5369 (6th Cir.) ( F.3d ) (June 8, 2016) (Judge Alice M. Batchelder)

Article • June 13, 2016 • from P&J June, 2016

Filed under: Punch And Jurists, Post Padilla v. Kentucky

Lee v. U.S., No. 14-5369 (6th Cir.) ( F.3d ) (June 8, 2016) (Judge Alice M. Batchelder) by In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that held that attorneys in a criminal case have a constitutional obligation to advise their clients of the collateral immigration …

U.S. v. Batamula, No. 12-20630 (5th Cir.) (788 F.3d 166) (June 2, 2015) (Per Curiam)

Article • June 15, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Batamula, No. 12-20630 (5th Cir.) (788 F.3d 166) (June 2, 2015) (Per Curiam) by In this case, the Fifth Circuit issued a notable ruling about the survival of claims of ineffective assistance of counsel under the rule laid down in Padilla v. Kentucky, 559 U.S. 356 (2010). In …

Chaidez v. U.S., No. 11-820 (U.S. Supreme Court) (568 U.S. 342; 133 S.Ct. 1103) (February 20, 2013) (Justice Kagan)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Post Padilla v. Kentucky

Chaidez v. U.S., No. 11-820 (U.S. Supreme Court) (568 U.S. 342; 133 S.Ct. 1103) (February 20, 2013) (Justice Kagan) by In 2010, the Supreme Court issued a blockbuster ruling which held that a Sixth Amendment ineffective assistance of counsel claim could be based on a defense counsel’s failure to inform …

Morris v. Holder, No. 10-4687-ag (2nd Cir.) (676 F.3d 309) (April 23, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Post Padilla v. Kentucky

Morris v. Holder, No. 10-4687-ag (2nd Cir.) (676 F.3d 309) (April 23, 2012) (Judge Debra Ann Livingston) by In removal proceedings against a national of Saint Vincent and the Grenadines who had been convicted of second-degree assault in violation of New York Penal Law section 120.05(2), a petition for review …

U.S. v. Youngs, No. 10-4501-cr (2nd Cir.) (687 F.3d 56) (July 23, 2012) (Judge Christopher F. Droney)

Article • August 6, 2012 • from P&J August, 2012

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Youngs, No. 10-4501-cr (2nd Cir.) (687 F.3d 56) (July 23, 2012) (Judge Christopher F. Droney) by Mark Allen Youngs pled guilty pursuant to a plea agreement to a two-count indictment charging him with producing and possessing child pornography. At his plea hearing, the district court reviewed in detail …

U.S. v. Chang Hong, No. 10-6294 (10th Cir.) ( F.3d ) (August 30, 2011) (Judge Timothy M. Tymkovich)

Article • September 5, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Chang Hong, No. 10-6294 (10th Cir.) ( F.3d ) (August 30, 2011) (Judge Timothy M. Tymkovich) by Here the Court held that the Supreme Court’s landmark decision in Padilla v. Kentucky established a “new rule of law” and therefore cannot be applied retroactively on collateral review - thus …

Chaidez v. U.S., No. 10-3623 (7th Cir.) (655 F.3d 684) (August 23, 2011) (Judge Joel L. Flaum)

Article • September 5, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Post Padilla v. Kentucky

Chaidez v. U.S., No. 10-3623 (7th Cir.) (655 F.3d 684) (August 23, 2011) (Judge Joel L. Flaum) by Chaidez v. U.S., 655 F.3d 684 (7th Cir. Aug. 23, 2011) (Judge Joel Flaum) U.S. v. chang Hong, 671 F.3d 1147 (10th Cir. Aug. 30, 2011) (Judge Timothy Tymkovich) One of the …

U.S. v. Orocio, No. 10-1231 (3rd Cir.) (645 F.3d 630) (June 29, 2011) (Judge Louis H. Pollak)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Orocio, No. 10-1231 (3rd Cir.) (645 F.3d 630) (June 29, 2011) (Judge Louis H. Pollak) by 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 …

U.S. v. Cerna, No. 09-1170-cr (2nd Cir.) (603 F.3d 32) (April 27, 2010) (Judge Robert A. Katzmann)

Article • November 8, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Cerna, No. 09-1170-cr (2nd Cir.) (603 F.3d 32) (April 27, 2010) (Judge Robert A. Katzmann) by Here, citing Padilla v. Kentucky, the Court held that "exceptionally poor quality of representation" by counsel can provide the basis for a collateral challenge to the legality of a deportation order under …

Appleby v. Warden, Northern Regional Jail, No. 07-7613 (4th Cir.) (595 F.3d 532) (February 19, 2010) (Judge G. Steven Agee)

Article • April 19, 2010 • from P&J April, 2010

Filed under: Punch And Jurists, Awareness of Consequences

Appleby v. Warden, Northern Regional Jail, No. 07-7613 (4th Cir.) (595 F.3d 532) (February 19, 2010) (Judge G. Steven Agee) by In Padilla v. Kentucky, No. 08-651, 559 U.S. ___, 2010 WL 1222274 (Mar. 31, 2010) (P&J, 04/05/10), the Supreme Court issued an important ruling in which it held for …

Padilla v. Kentucky, No. 08-651 (U.S. Supreme Court) (559 U.S. 356; 130 S.Ct. 1473) (March 31, 2010) (Justice Stevens)

Article • April 5, 2010 • from P&J April, 2010

Filed under: Punch And Jurists, Deportation/Removal

Padilla v. Kentucky, No. 08-651 (U.S. Supreme Court) (559 U.S. 356; 130 S.Ct. 1473) (March 31, 2010) (Justice Stevens) by Here in a significant expansion of the Sixth Amendment, the Supreme Court held that attorneys have a constitutional obligation to advise clients of the collateral immigration consequences of a guilty …