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CHAIDEZ v. UNITED STATES

Docket No.: 11-820
Certiorari Granted: Apr 30 2012
Argued: October 30, 2012
Decided: February 20, 2013

Topics:

Assistance of Counsel, Death Penalty, Deportation, Fourth Amendment, IIRIRA, Sixth Amendment, criminal procedure, habeas, immigration, ineffective assistance of counsel, murder

PartyNames: Roselva Chaidez v. United States
Petitioner: Roselva Chaidez
Respondent: United States

Court Below: United States Court of Appeals for the Seventh Circuit
Citation: 655 F.3d 684
Lower Court Decision
Supreme Court Docket
Supreme Court Observer Blog Post for CHAIDEZ v. UNITED STATES

Roselva Chaidez
v.
United States
Background:

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation.

Question Presented:

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement.

CHAIDEZ v. UNITED STATES
ORAL ARGUMENT

October 30, 2012

Listen to Oral Argument in CHAIDEZ v. UNITED STATES
Holding: AFFIRMED
Vote: 7-2
For more coverage on CHAIDEZ v. UNITED STATES please see our blog posting.

CHAIDEZ v. UNITED STATES
Case Documents

1REPLY BRIEF FOR PETITIONER
2BRIEF FOR PETITIONER
3Petition for Writ of Certiorari (PDF)
4BRIEF AMICUS CURIAE OF CONSTITUTIONAL ACCOUNTABILITY CENTER IN SUPPORT OF THE PETITION
5BRIEF OF THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION AS AMICUS CURIAE IN SUPPORT OF PETITIONER
6BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, NATIONAL LEGAL AID & DEFENDER ASSOCIATION, LAW OFFICE OF THE COOK COUNTY PUBLIC DEFENDER, PUBLIC DEFENDER'S OFFICE FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, LOS ANGELES COUNTY PUBLIC DEFENDER'S OFFICE, KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY, IMMIGRATION IMPACT UNIT OF THE MASSACHUSETTS COMMITTEE FOR PUBLIC COUNSEL SERVICES, NEW YORK STATE DEFENDERS ASSOCIATION, LEGAL AID SOCIETY, OREGON CRIMINAL DEFENSE LAWYERS ASSOCIATION, NEW MEXICO CRIMINAL DEFENSE LAWYERS ASSOCIATION, ASSOCIATION OF CRIMINAL DEFENSE LAWYERS OF NEW JERSEY, HALL COUNTY PUBLIC DEFENDER, LANCASTER COUNTY PUBLIC DEFENDER'S OFFICE, TEXAS FAIR DEFENSE PROJECT, WASHINGTON DEFENDER ASSOCIATION, OFFICE OF THE DEFENDER GENERAL OF VERMONT, NEIGHBORHOOD DEFENDER SERVICE OF HARLEM, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRANT DEFENSE PROJECT, IMMIGRANT LEGAL RESOURCE CENTER, AND NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD IN SUPPORT OF PETITIONER
7BRIEF OF AMICUS CURIAE NATIONAL ASSOCIATION OF FEDERAL DEFENDERS IN SUPPORT OF THE PETITIONER
8BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, IMMIGRANT LEGAL RESOURCE CENTER AND IMMIGRANT DEFENSE PROJECT IN SUPPORT OF PETITION FOR A WRIT OF CERTIORARI
9BRIEF AMICI CURIAE OF HABEAS SCHOLARS AND CONSTITUTIONAL ACCOUNTABILITY CENTER IN SUPPORT OF PETITIONER
10BRIEF FOR ACTIVE AND FORMER STATE AND FEDERAL PROSECUTORS AS AMICI CURIAE IN SUPPORT OF PETITIONER
11BRIEF FOR RESPONDENT
12CHAIDEZ v. UNITED STATES Oral Argument Transcript (PDF)
13CHAIDEZ v. UNITED STATES Oral Argument Audio
14Slip Opinion in CHAIDEZ v. UNITED STATES (Opinion by Justice Elena Kagan)