Immigration consequences collateral to Sixth Amendment: COM. V. PADILLA (SC 1/24/2008)

COM. V. PADILLA
CRIMINAL:  IMMIGRATION ISSUES ARE COLLATERAL TO SIXTH AMENDMENT
2006-SC-000321-DG.pdf
PUBLISHED: REVERSING
OPINION BY LAMBERT; CUNNINGHAM DISSENTS BY SEP OPINION IN WHICH SCHRODER JOINS
DATE RENDERED: 01/24/2008

SC reversed the CA and reinstated the final judgment of the Hardin Circuit Court denying Padila’s RCr 11.42 motion. The unequivocal holding in Fuartado v. Commonwealth, 170 S.W.3d 384 (Ky. 2005), mandates that immigration issues are collateral consequences that are outside the scope of the guarantee of the Sixth Amendment right to counsel. It follows that counsel’s failure to advise Defendant of such collateral issue or his act of advising Defendant incorrectly provides no basis for relief.

SCOTT C. BYRD

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