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Home / Opinion Digests / ‘Ineffective Assistance’ Claim Exists for Pre-Padilla Plea (access required)

‘Ineffective Assistance’ Claim Exists for Pre-Padilla Plea (access required)

A habeas petitioner gets an evidentiary hearing on his Strickland claim based on his assertion that he would not have pleaded guilty to misdemeanor drug possession had his lawyer not advised him the conviction would not affect his legal immigration status; a Fairfax Circuit Court says that even before Padilla, a Virginia lawyer who affirmatively ...

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