54) Bibas may be correct that Strickland's emphasis on prevailing norms is preferable to a simple rule regarding misadvice
because it "accommodates the important roles of resource allocation and discretion.
Stockton's lawyer did not misadvice
Stockton about the maximum
These three euro countries have been driven into various degrees of financial hazard by this misadvice
52) The Court's analysis was founded on two cases involving misadvice
and inadequate advice.
the plea and therefore neither silence nor affirmative misadvice
In many jurisdictions prior to Padilla, misadvice
It should be noted that while the Court acknowledged the misadvice
versus failure to advise distinction in Padilla, it ultimately refused to make the distinction in reaching its holding.
At least when it comes to deportation, the Sixth Amendment right to the effective assistance of counsel means a lawyer not only must avoid "affirmative misadvice
," (42) but has the duty to disclose "that his conviction for drug distribution made him subject to automatic deportation.
He further stated, "We could expect years of elaboration upon these new issues in the lower courts, prompted by the defense bar's devising of ever-expanding categories of plea-invading misadvice
and failures to warn-not to mention innumerable evidentiarly hearings to determine whether misadvice
really occurred or whether the warning was really given.
forthcoming, Beggar Thy Neighbour: Exchange Rate Regime Misadvice
from Misunderstandings of Mundell (1961), World Economy.
regarding immigration consequences can in
Conference of Mayors issued a pamphlet of misadvice
against self-defense to which rape represents a hilarious politically correct exception.