Strickland v. Washington

Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

Padilla v. Kentucky

Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

Hill v. Lockhart

Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

Teague v. Lane

Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively

Chaidez v. United States

Holding that Padilla could not be applied retroactively to cases which became final before the case was decided

Linkletter v. Walker

Holding that a decision to limit a new rule of criminal constitutional law to prospective application can be based on a balancing of the purpose of the new rule, the reliance placed on the previous view of the law, and the effect on the administration of justice of a retrospective application

People v. Peque

Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

People v. Favor

Holding right to be present at Sandoval hearing conferred by state law

People v. Mitchell

Holding that "the Antommarchi rule is not compelled by Federal law" and that "limited exclusion from side-bar discussions with prospective jurors . . . will not violate a defendant's [federal] constitutional right to be present"

People v. Picca

In People v. Picca (97 AD3d 170, 180 [2012]), the Appellate Division, Second Department, among other things, reversed an order denying a motion to vacate the defendant's judgment of conviction, and remitted the matter to the Supreme Court for a hearing as to whether the defendant was denied the effective assistance of counsel due to his counsel's failure to advise him of the immigration consequences of pleading guilty to attempted criminal sale of a controlled substance in the third degree.

Section 1101 - Definitions

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Section 1182 - Inadmissible aliens

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Section 440.10 - Motion to vacate judgment

Stating that the court “must deny” a § 440.10 motion when sufficient facts appear on the record to permit appellate review of the claim and the defendant unjustifiably failed to raise that issue on direct appeal

Section 1227 - Deportable aliens

Granting this discretion to the Attorney General

Section 1229b - Cancellation of removal; adjustment of status

Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

Section 501 - Exemption from tax on corporations, certain trusts, etc

Granting tax-exempt status to qualified pension plans

Section 1226 - Apprehension and detention of aliens

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Section 1192 - Operating a motor vehicle while under the influence of alcohol or drugs

Driving while impaired by drugs

Section 1251 - Transferred

Delineating crimes that make alien deportable

Section 160.10 - Robbery in the second degree

Construing any forcible stealing of a motor vehicle as second degree robbery

Section 500.1 - General requirements