· 8/30/2011
United States v. Chang Hong
Citations
- 671 F.3d 1147
- 2011 U.S. App. LEXIS 18034
- 2011 WL 3805763
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Padilla announced a new rule of constitutional law and thus does not apply retroactively
- holding that an appeal from the denial of habeas relief related to a drug conviction was not moot upon the defendant’s deportation because the conviction rendered the defendant “ineligible to receive a visa or for admission to the United States”
- taking “the concurrence and dissent as support for our conclusion that reasonable jurists did not find the rule in Padilla compelled or dictated by the Court’s prior precedent”
- “Padilla extended the Sixth Amendment right to effective counsel and applied it to an aspect of a plea bargain previously untouched by Strickland,.”
- “The Teague framework exists to promote the finality of convictions by shielding them from collateral attacks mounted on new procedural rules of constitutional law.”
- “We disagree [with Orocio] and believe Padilla marked a dramatic shift when it applied Strickland to collateral civil consequences of a line courts had never crossed before.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tymkovich, O'Brien, McKay, Tymkovtch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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