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April 30, 2012

SCOTUS grants cert to consider Padilla's retroactivity

Hard-core criminal procedure fans have to be giddy this morning based on the news in this Supreme Court order list: the Justices have granted cert in Chaidez v. US concerning whether the decision in Padilla applies retroactively to persons whose convictions became final before its announcement.  This is not a huge surprise, in part because the SG's office had urged SCOTUS to grant cert on this issue.

SCOTUSblog has this helpful case page on the Chaidez case.  I suspect and expect this case will end up generating lots of intriguing amicus briefing on both sides, in large part because Chaidez has the potential to be the most significant Teague retroactivity ruling in many years.

April 30, 2012 at 10:24 AM | Permalink


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Hard-core immigration law fans are also giddy about the Chaidez grant. Padilla v. Kentucky has had an enormous impact on attorneys who practice at the intersection of criminal and immigration law, and Chaidez addresses whether Padilla's landmark holding applies to years--perhaps decades--of convictions that occurred prior to March 31, 2010.

César Cuauhtémoc García Hernández | crImmigration.com

Posted by: César Cuauhtémoc García Hernández | May 2, 2012 10:33:24 PM

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