A Proposed Framework for Evaluating Effective Assistance of Counsel
Abstract
The Supreme Court decision in Padilla provides long-awaited relief to defendants facing deportation following their guilty pleas, but it also raises questions. This Article relies on Padilla and related precedent to propose a new framework for guilty plea colloquies. It examines the class of defendants who are denied relief under Padilla because of their procedural posture, and concludes that such denial is inequitable. It also maintains that the distinction between direct and collateral consequences should not be disturbed.
