Padilla v. Kentucky

559 U.S. 356 (2010)

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Nature of the Case

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Facts

D had been a lawful permanent resident of the United States for more than 40 years. D served in the Armed Forces during the Vietnam War. He now faces deportation after pleading guilty to the transportation of a large amount of marijuana in his tractor-trailer in the Commonwealth of Kentucky. D claims that his counsel not only failed to advise him of this consequence prior to his entering the plea but also told him that he “ 'did not have to worry about immigration status since he had been in the country so long.' D petitioned for post-conviction relief, and the Supreme Court of Kentucky held that the Sixth Amendment's guarantee of effective assistance of counsel does not protect a criminal defendant from erroneous advice about deportation because it is merely a “collateral” consequence of his conviction. The Supreme Court granted certiorari.