Thursday, April 21, 2011

D.S.C. determines Padilla not retroactive

Dennis v. United States, No. 3:08-cr-889-JFA, 2011 WL 1480398 (D.S.C. Apr. 19, 2011)

In an opinion reminiscent of the E.D. Va.'s January 2011 Doan decision, the District Court for District of South Carolina held that the rule announced in Padilla v. Kentucky is not retroactive.  Accordingly, because defendant's plea in this case occurred prior to the Supreme court's decision in Padilla, he may not rely on its holding.

[UPDATE:  The Third Circuit announced that Padilla applies retroactively on collateral review.  See United States v. Orocio, No. 10-1231 (3d Cir. June 29, 2011).]

[8/30/2011 UPDATE:  The Seventh Circuit announced that Padilla does not apply retroactively.  See Chaidez v. United States, No. 10-3623 (7th Cir. Aug. 23, 2011).]

No comments:

Post a Comment