On March 1, 2010, the Alabama Supreme Court issued an order making amendments to the Alabama Rules of Appellate Procedure. These updates do not go into effect until June 1, 2010, and the version of the appellate rules posted on this website will be updated to reflect those updates on or before that date. Until […]
The United States Supreme Court recently held that an attorney’s duty to provide effective assistance of counsel includes the responsibility of providing accurate advice about the immigration consequences of a guilty plea. Providing incorrect legal advice to an immigrant about the deportation consequences of a guilty plea to drug trafficking charges constitutes ineffective assistance of counsel, and can serve as grounds for setting aside a guilty plea. In Alabama, such a petition would be raised under Rule 32 of the Alabama Rules of Criminal Procedure, which provides Alabama’s method for asserting that a defendant received ineffective assistance of counsel.