Legal Opinion
People v. Baret
New York Court of Appeals
Decided June 30, 2014PublishedCited by 61 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires crimi*782nal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US —, 133 S Ct 1103 [2013]) that Padilla did not apply retroactively in federal collateral review. The issue in this appeal is whether, pursuant to federal or state retroactivity principles, Padilla nonetheless applies retroactively in state court postconviction proceedings. For…
2Cases cited53 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Hill v. LockhartSupreme Court of the United States · 1985
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Stovall v. DennoSupreme Court of the United States · 1967
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3Cited by61 opinions
- The People v. Anthony v. PavoneNew York Court of Appeals · 2015
- The People v. Roni Smith The People v. Keith FaganNew York Court of Appeals · 2016
- People v. PintoAppellate Division of the Supreme Court of the State of New York · 2015
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LlibreAppellate Division of the Supreme Court of the State of New York · 2015
56 more not listed; retrieve them via the Exa API.