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To: Spok
Justice Scalia, joined by Justice Thomas, dissented in today's decision writing that Padilla's threatened deportation was a "collateral" consequence of his conviction, and not covered by the Sixth Amendment's guarantee of adequate assistance of counsel.

"The Sixth Amendment guarantees the accused a lawyer for his defense against a criminal prosecution -- not for sound advice about the collateral consequences of conviction." wrote Scalia.

7 posted on 03/31/2010 11:38:24 AM PDT by Ready4Freddy ("It's not the number of burnt cars that worries me. It's the fact that everyone finds this normal..")
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To: Ready4Freddy

“The Sixth Amendment guarantees the accused a lawyer for his defense against a criminal prosecution — not for sound advice about the collateral consequences of conviction.” wrote Scalia.”

IOTW The law guarantees the accused the right to have a lawyer. It does not guarentee the lawyer’s ability.


14 posted on 03/31/2010 11:46:09 AM PDT by Stormdog (A rifle transforms one from subject to Citizen)
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