The argument against his position seems to be that neither the sentencing court nor counsel is obligated to inform the defendant of "collateral matters" such as the possibility or probability of deportation that may arise from his guilty plea.
It said his right to effective assistance of counsel did not apply because deportation was merely a "collateral" consequence of his conviction.
The question in the case, Padilla v. Kentucky, No. 08-651, whetherther bad legal advice about a collateral consequence of a guilty plea could amount to ineffective assistance of counsel under the Sixth Amendment.
"It wouldn't be that uncommon to uncover collateral heirs," said Burt Neuborne, the civil liberties defender who was the lead counsel in recent Holocaust litigation against Swiss banks.
Spurr's counsel, Arthur Moses SC, argued in the federal court on Thursday that the professor was "collateral damage" in a "political attack on the federal government".
A defendant does not have a Sixth Amendment right to counsel in any civil proceeding, including a deportation hearing (even though deportability is often a collateral consequence of criminal conviction).
Our findings suggest that culturally adapted interventions for Pakistani women at risk of T2D, delivered via group PA sessions with counselling and dietary advice, may encourage their PA and dietary behaviour change, and have collateral health and social benefits.
Nor does the defendant have the right to appointed counsel to raise frivolous arguments on direct appeal, or to raise any arguments on habeas or other collateral appeal, even if facing execution.
As the New York Fed general counsel, Thomas Baxter, explained in 2010 testimony to the Federal Crisis Inquiry Commission, the Federal Reserve did not believe that Lehman possessed the necessary collateral against which the Fed could provide the financing necessary to avert a bankruptcy filing.
Collateral power, collateral damage.
