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Friday, May 24, 2013

New England Law Alum and Faculty Weigh in on the Retroactivity of Padilla in Massachusetts

Laura Mannion Banwarth ’09 is one of the attorneys representing the appellee in Commonwealth v. Kempess Sylvain before the Supreme Judicial Court, which heard arguments on May 6, 2013.  The case presents the issue of whether Massachusetts will continue to apply retroactively the United States Supreme Court's decision in Padilla v. Kentucky, 130 S.Ct. 1473 (2010), in light of the recent decision in Chaidez v. United States, 586 U. S.___, 2013 U.S. LEXIS 1613 (February 20, 2013). http://www.ma-appellatecourts.org/search_number.php?dno=sjc-11400.

Professors Lawrence Friedman and David Siegel jointly wrote an amicus brief arguing in favor of retroactivity of Padilla in Massachusetts.