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46 U.C.D. L. Rev. 701 (2012-2013)
Padilla v. Kentucky: A Case for Retroactivity

handle is hein.journals/davlr46 and id is 715 raw text is: COMMENT Padilla v. Kentucky: A Case for Retroactivity Allison C. Callaghan In a landmark decision, the United States Supreme Court held in Padilla v. Kentucky that defense attorneys have an affirmative constitutional duty to advise noncitizen defendants of the potential immigration consequences of a criminal conviction. The Court concluded that failure to provide such advice constitutes ineffective assistance of counsel in violation of a defendant's Sixth Amendment rights. In the wake of Padilla, the lower courts have struggled to resolve many questions left unanswered by the Court, including whether the decision is retroactively applicable to convictions that became final before its announcement. Recognizing the exceptional importance of the issue, the Supreme Court recently granted certiorari to examine the question in Chaidez v. United States. This Comment argues that Padilla represents an old rule of constitutional law that, pursuant to Teague v. Lane, should be given retroactive effect by the Court. TABLE OF CONTENTS INTRODUCTION .......................................... ....... 703 1. BACKGROUND........................................... 704 A. The Strickland Effective Assistance of Counsel Standard and the Collateral Consequences Limitation ..... ...... 706 B. The Padilla Court's View on Ineffective Assistance of Counsel, Guilty Pleas, and Deportation .............. 710 Copyright D 2012 Allison C. Callaghan. Senior Articles Editor, UC Davis Law Review, Volume 46; J.D. Candidate, University of California, Davis, School of Law, 2013; B.A. Government and History, Claremont McKenna College, 2007. Thanks to Professor Holly Cooper for inspiration, Anisa Afnani for thoughtful guidance, and Thomas Walsh foT unwavering encouragement and support. 701

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