counsel regarding immigration consequences or affirmative misadvice
Appellant asserted that his petition established that his attorney's "affirmative misadvice
" about the certainty of a probationary sentence was objectively unreasonable.
1982) (discussing defense based on governmental misadvice
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)
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
(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
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.
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.
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.
regarding immigration consequences can in