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A Proposed Framework for Evaluating Effective Assistance of Counsel

John E. D. Larkin

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.

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John “Jack” Larkin is a member of Gawthrop Greenwood’s litigation and criminal law departments. Civilly, Jack focuses his practice on financial and insurance matters. He leads the firm’s criminal department, where he offers clients the benefit of his experience as a former prosecutor. His published works have appeared in law journals at the Georgetown University School of Law, Vanderbilt Law School, the University of Florida Law School, and the American Journal of Trial Advocacy, as well as in the Pennsylvania Bar Association’s Bar Quarterly and At Issue publications.

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