Who Is Actually Prejudiced Under Padilla?

By Jason Reigert, Albany Government Law Review Class of 2011

Anyone who watches Law and Order can tell you that in a criminal matter every American is entitled to the right to be represented by an attorney.  This right is better known as the “right to effective assistance of counsel” and it is guaranteed by both the federal and New York State constitutions.[i]  The right to effective counsel has been expanded over the years, and the case of Padilla v. Kentucky is a good example of such expansion.  In Padilla v. Kentucky, the Supreme Court expanded the notion of effective assistance of counsel to include an obligation by defense attorneys to inform their clients of possible deportation consequences.  As a result of this decision, a wave of defendants have recently sought to vacate their guilty pleas under a theory of ineffective assistance of counsel, due to being improperly informed of the potential deportation consequences.  While Padilla has caused an increase in ineffective assistance of counsel claims, Padilla has not had as much of an impact as some might expect.  Continue reading “Who Is Actually Prejudiced Under Padilla?”