How Padilla Might Help Defendants Who Pleaded Guilty Without Counsel

By Norton Tooby


The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no counsel who is obligated affirmatively to give accurate advice concerning the immigration consequences of the plea. Padilla v. Kentucky, 130 S. Ct. 1473 (2010).


            There are, however, three possible grounds of legal invalidity—two stronger and the third so weak it probably should not be made.



Sep 2010