Padilla Doesn't Apply Retroactively

Padilla Doesn't Apply Retroactively

I don't believe this ruling will come as much of a surprise to any practicing criminal defense attorney.  However, it's good to keep in mind that Padilla is not retroactive when looking at appeals.

Rene Reyes Campos, Respondent, vs. State of Minnesota, Appellant.

The Supreme Court’s decision in Padilla v. Kentucky, ___ U.S. ___, 130 S. Ct. 1473 (2010), announced a new rule of criminal procedure that is not applicable retroactively to cases on collateral review.

Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533

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