He should sue his lawyer...right after he’s deported.
Scalia and Thomas are right on this one. What happened to Roberts and Alito?
He’s free to stay here. In prison for his drug distribution crime.
Response: Naturally.
“under the Constitution to ensure that no criminal defendant — whether a citizen or not — is left to the mercies of incompetent counsel.”
well then maybe they should order around 2/3 of the lawyers be deported...
In Washington state, defendants are advised by the court before they plead that they may be deported if they’re not U.S. citizens. Every defendant is told that, even if they’re citizens. It’s just part of the drill.
Clearly the most disturbing statement in that column. It means that they are not differentiating between Americans and non-citizens. And what is the phrase 'legal permanent resident' mean? Is that something in the process now?
Hey “Men in Black” why didn’t your incompetent brother in black inform him that pleading guilty could result in his deportation?
I want to know what happens now. Are they throwing out the conviction or just the deportation? If they are throwing out the conviction, fine lets go to trial and finish things. If they are just throwing out the deportation this makes no sense what so ever.
It sounds to me that this guy is withdrawing his guilty plea and should not just get a
While I have no problem with the result of the decision, since he was a veteran who had been he legally for 40 years, I question the reasoning behind the decision.
Does the fact that a criminal’s lawyer fails to advise him fully on the consequences of a plea bargain mean the criminal should escape punishment?
Also, as Scalia stated the deportation was a collateral consequuence of the conviction, not actual punishment for the conviction.
For a plea bargained conviction to stand must a lawyer advise his client that if he takes the plea:
a) You might get raped in prison.
b) You might get stabbed or beaten to death in prison.
c) You might lose your job.
d) You might have difficulty finding a new job and be ineligible for many jobes when you are relased.
e) You might not be able to get credit, etc.
I wonder if this decision would apply to gun rights? If a lawyer did not advise his client that he would lose his gun rights if he pleads guilty to a particular crime, would that prevent the defendant from having his gun rights taken away?
Did his lawyer also warn him that he wouldn’t be able to carry a weapon, and that people might not want to hire him because he’s a convicted drug dealer?
And why does he get to stay in the country? I’m all for letting him sue his lawyer, but is there any indication that he wouldn’t have been convicted anyway, and deported? Is there any evidence that he wasn’t a drug dealer?