In the plea context, the court and defense counsel serve complementary but distinct functions in our constitutional structure neither can replace the other, and the failure of either court or counsel constitutes a breakdown in our system. 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. 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. If you have a problem or suggestion, please visit us in #colloquy-mobile on In Padilla v. ![]() We also can't discuss feature requests, since there is no way to reply to you here. We can't provide support here to people leaving reviews, as much as we want to.
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