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Thursday, December 30, 2010

Law - More on "The Changing Role of Criminal Defense Lawyers"

Updating this ILB entry from Dec. 22nd, here is another story on the impact of the Supreme Court's March decision in Padilla v. Kentucky. This lengthy story, in today's Washington Post, reported by Tom Jackman, begins:

A recent U.S. Supreme Court ruling that noncitizens in criminal cases must be advised of the possible consequences of a conviction has sparked a flurry of appeals by defendants who claim that they didn't know that conviction would lead to deportation.

But in Virginia, a similar battle has emerged over whether judges can revisit and reopen old cases or even summarily revise the sentences to avoid a convict's removal from the country.

A Loudoun County General District Court judge recently reopened four cases involving defendants who say they would not have pleaded guilty if they had known that they would be deported. In one instance this month, Loudoun prosecutors sought a court order to stop the judge from reopening such cases, but a Circuit Court judge refused.

Posted by Marcia Oddi on December 30, 2010 09:41 AM
Posted to General Law Related