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This Note argues that those rulings mistakenly conflate the role of the court in a Fifth Amendment plea colloquy and the role of counsel under the Sixth Amendment and, further, that they misread the clear directives of Padilla. Since Padilla, a number of lower courts have held that such general court warnings prevent a defendant from proving prejudice and prevailing on an ineffective assistance of counsel claim where there might otherwise be a Padilla Sixth Amendment violation.
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In many plea colloquies, judges issue general warnings to defendants regarding the immigration consequences of a guilty plea. In the plea context, defendants are also protected by the Fifth Amendment privilege against selfincrimination and the Due Process Clause, which requires that judges and defendants engage in a conversation regarding the consequences of the plea-the so-called “plea colloquy”-before the defendant can enter a valid guilty plea. Kentucky, the Supreme Court held that a lawyer’s failure to advise her noncitizen client of the deportation consequences of a guilty plea constitutes deficient performance of counsel in violation of a defendant’s Sixth Amendment rights. Members are well advised to adhere to such laws or rules or custom and usage governing transcript format that are applicable in their particular locality.Abstract In Padilla v.
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The Transcript Format Guidelines are not intended for use by individual members, nor are they intended to supplant applicable federal, state, or local laws nor to undermine or usurp local custom and usage. Their intended use is solely for state supreme courts and state legislatures to provide guidance in those situations in which federal, state, and local laws or rules are silent and local custom and usage is undefined, unclear, or nonexistent with respect to transcript format. The recommended Transcript Format Guidelines present a model transcript format.
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