Vacating Convictions Under Padilla:
National Master Class on Ineffective Assistance of Counsel
March 10, 2012
6.5 CLE credits*
David Brower Center, Tamalpais Room
2150 Allston Way, Berkeley, California 94704
Registration- Private Attorney
Registration- Legal Worker/ Nonprofit/ Student
$25 surcharge fee added if you register after 3/2/2012
A day-long seminar on the national implications of Padilla v. Kentucky for obtaining post-conviction relief for immigrants on grounds of ineffective assistance of counsel.
2012 Seminar Topics:
I. Evaluating Chances of PCR Success – Four factors necessary to PCR success: appropriate vehicle, ground of legal invalidity, safe havens (then and now), and powerful equities.
II. Implications of Padilla for Post-Conviction Relief – Procedure, Vehicles, and Retroactivity – The Supreme Court's landmark decision in Padilla v. Kentucky requires counsel affirmatively to advise their clients on the actual immigration consequences of a plea. This session will discuss Padilla's many important implications: for defense counsel, for post-conviction counsel, and for post-conviction procedure.
III. Immigration-Related Claims of Ineffective Assistance of Counsel After Padilla – Padilla established or strengthened several different claims of IAC: affirmative misadvice, failure to advise, and failure to defend. It did not even mention, however, equally important traditional IAC claims based on failure to use immigration consequences as a powerful equity to obtain shorter sentences and pleas to less serious offenses.
IV. Proof of Prejudice – While Padilla did not directly address the question of prejudice, to obtain PCR, counsel must establish prejudice, a topic as important to the client as the IAC claim itself.
Norton Tooby, one of the foremost national experts on post-conviction relief for immigrants. Harvard University; Stanford Law School; President, STANFORD LAW REVIEW; listed in BEST LAWYERS IN AMERICA; author of POST-CONVICTION RELIEF FOR IMMIGRANTS (National Edition 2004); CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS (2009); CRIMINAL DEFENSE OF IMMIGRANTS (2007)(with J.J. Rollin). Recipient of the American Immigration Lawyers Association’s Jack Wasserman Memorial Award for Excellence in Litigation in the field of Immigration Law as a member of the legal team that successfully litigated Padilla v. Kentucky, 130 S.Ct. 1473 (2010).
Rose Cahn, Associate Attorney, Law Offices of Norton Tooby, Update Editor of CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS (2d ed. 2009), and author of various articles on criminal and immigration law.
"The best and most interesting seminar I have ever attended!"
- Carolyn Chapman
"These guys really know what they're talking about. It's the intelligent way to put on a seminar."
- David Bryon
*The Law Offices of Norton Tooby is a State Bar of California MCLE approved provider and certifies that these activities conform to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing education. Check with your state to see if reciprocal credits are available, or submit our materials to your state bar to seek credit.