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Ineffective Assistance of Counsel: Legal Malpractice reaches the High Court

Padilla v. Kentucky, Argued before the US Supreme Court Oct. 13, 2009 (PDF)

Does a lawyer’s wrong advice to a client, a permanent resident alien, to plead guilty to a criminal charge that results in his deportation, amount to  ineffective assistance of counsel?

The High Court heard oral argument today. Stay tuned. Read the argument of the parties and the grilling of the Justices.

Smith v. Spisak. Argued before the US Supreme Court on Oct. 13, 2009 (PDF)

How bad does defense counsel’s summation have to be before it amounts to ineffective assistance of counsel?  The High Court heard oral argument today  on this too.

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Posted in: Criminal Law, Insight & commentary