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Published by the Indiana Office of Court Services

Chaidez v. United States, No. 11–820, __ U.S. __ (Feb. 20, 2013).

February 22, 2013 Filed Under: Criminal Tagged With: E. Kagan, SCOTUS

Kagan, J.
In Padilla v. Kentucky, 559 U. S. [356] (2010), this Court held that the Sixth Amendment requires an attorney for a criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that a person whose conviction became final before we decided Padilla can benefit from it. We conclude that, under the principles set out in Teague v. Lane, 489 U. S. 288 (1989), Padilla does not have retroactive effect.
ROBERTS, C. J., and SCALIA, KENNEDY, BREYER, and ALITO, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment. SOTOMAYOR, J., filed a dissenting opinion, in which GINSBURG, J., joined.

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