misadvice

(ˌmɪsədˈvaɪs)

bad or incorrect advice

References in periodicals archive ?

counsel regarding immigration consequences or affirmative misadvice

INEFFECTIVE ASSISTANCE OF PADILLA: EFFECTUATING THE CONSTITUTIONAL RIGHT TO CRIMMIGRATION COUNSEL

Appellant asserted that his petition established that his attorney's "affirmative misadvice" about the certainty of a probationary sentence was objectively unreasonable.

Court of Appeals Digest: Aug. 27

1982) (discussing defense based on governmental misadvice).

JURISDICTION OVER QUASI-MILITARY PERSONNEL UNDER UCMJ ARTICLE 2(A)(8)

When Sixth Amendment ineffectiveness turns on a question of state law (for example, the relatively generous standard for withdrawing guilty pleas based on misadvice), federal courts cannot second-guess state courts, which are "the final arbiters of state law." (30)

The new role of federal habeas courts in guaranteeing the right to effective assistance of counsel

In 2010, the IMF warned against withdrawing fiscal stimulus "too early." These three euro countries have been driven into various degrees of financial hazard by this misadvice.

Improving the euro

(52) The Court's analysis was founded on two cases involving misadvice and inadequate advice.

Truth, justice, and the American style plea bargain

the plea and therefore neither silence nor affirmative misadvice of

Padilla v. Kentucky: the effect of plea colloquy warnings on defendants' ability to bring successful Padilla claims

In many jurisdictions prior to Padilla, misadvice was

A gauntlet thrown: the transformative potential of Padilla v. Kentucky

But when Choi asked, the attorney could not properly provide an incorrect answer, without making an objectively reasonable effort to learn the truth."), 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.

Representing noncitizens in criminal proceedings: resolving unanswered questions in Padilla v. Kentucky

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." (43) Writing for the Court, Justice Stevens emphasized that "[w]e have never applied a distinction between direct and collateral consequences to define the scope of constitutionally 'reasonable professional assistance' required under Strickland," but insists the issue "whether that distinction is appropriate" remains open.

Court supervision after Padilla v. Kentucky

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." Id.

Change--a little bit at a time: a review of that change in the area of professional responsibility

"affirmative misadvice regarding immigration consequences can in

A problem of proof: how routine destruction of court records routinely destroys a statutory remedy

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