Chaidez v. U.S.

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 10-3623
Decision Date: 
August 23, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in granting defendant's writ of coram nobis challenging his guilty plea on mail fraud charges on grounds that her trial counsel was ineffective for failing to inform her that her guilty plea carried risk of her future deportation. Dist. Ct. erred in finding that 2010 opinion in Padilla (which concluded that said failure constituted ineffective assistance of counsel) did not announce new rule under framework set forth in Teague, 489 U.S. 288. Accordingly, holding in Padilla could not be applied retroactively to instant collateral attack on defendant's conviction. (Dissent filed.)