'No Logical Stopping Point': The Consequences of Padilla v. Kentucky's Inevitable Expansion

Abstract:     
In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court held that criminal defense attorneys must warn their non-citizen clients of the adverse immigration consequences that may result from a guilty plea. Lower federal courts will inevitably expand the rule from Padilla to apply to other so-called "collateral consequences" of guilty pleas. Although the extension of Padilla to more (or all) collateral consequences of guilty pleas would theoretically raise the standard of defense attorney effectiveness and thus benefit criminal defendants, the reality is that the cost of extension will likely outweigh the benefits, because the provision of effective assistance will become prohibitively costly. If "Padilla warnings" are ultimately required for all collateral consequences of a guilty plea, criminal lawyers will have a difficult time effectively assisting any of their clients.

Number of Pages in PDF File: 26

Keywords: Padilla v. Kentucky, ineffective assistance of counsel, Sixth Amendment

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