JOSEPH AIKEN v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “counsel must inform her client whether his plea carries a risk of deportation”
• holding that a defendant must show that ―a decision to reject the plea bargain would have been rational under the circumstances‖
• holding that the Sixth Amendment to the United States Constitution requires counsel to provide legal 2 advice regarding the immigration consequences of a guilty plea
• holding that while Padilla’s trial counsel’s performace was constitutionally deficient when he told Padilla not to worry about his immigration status, remand was necessary to determine whether Padilla suffered prejudice
• stating that “immigration proceedings as a whole” are governed “by the Fifth Amendment’s Due Process Clause”
• reaffirming that the ABA Guidelines should serve as guides for courts analyzing the constitutional-deficiency prong of Strickland claims

Source: CourtListener parenthetical corpus (CC0).