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MD: Deportation must be an acceptable collateral consequence

By John Wesley Hall, Jr.

“An Unbroken Phalanx of Federal Authority” holds that deportation is a collateral consequence beyond ineffective assistance of counsel under Strickland. State v. Denisyuk, 2010 Md. App. LEXIS 49 (March 29, 2010): What makes certain costs of a criminal conviction collateral? Let us count the ways. Or, at least, some of them as illustrative of the larger phenomenon. If following a conviction for drunken driving, the Motor Vehicle Administration should suspend or revoke one's driving privileges, that's a collateral consequence. If following a felony conviction, one may no longer vote or hold public office, that's a collateral consequence. If following a conviction, one may face enhanced sentences for future crimes, that's a collateral consequence...continue to full post

Full post as published by Law Of Criminal Defense on March 31, 2010 (boomark / email).