This article refers to José Padilla, b. 1950 in Honduras. For information on José Padilla, terrorism suspect, see José Padilla (prisoner) or others with the same name at José Padilla
José Padilla (b. 1950) is a petitioner in United States Supreme Court case Padilla v. Kentucky.
Biography
editPadilla was born in Honduras in 1950. He later immigrated to the United States and became a lawful permanent resident.(1) Padilla served in the US military during the Vietnam War and received an honorable discharge.(2)
In 2001, Padilla was working as a commercial truck driver when he was arrested in Kentucky for transporting marijuana. His lawyer advised him that there would be no negative consequences for his immigration status if he accepted a plea bargain in the drug case, and he did so. However, this advice was incorrect, and Padilla was subject to deportation given his guilty plea. In 2004 Padilla filed a pro se motion for post-conviction relief, alleging that he had gotten bad advice from his attorney.
The case is currently before the Supreme Court of the United States. The questions at issue are whether non-citizens such as Padilla have a Sixth Amendment right to a claim for ineffective counsel.