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Eleventh Circuit extends(?!) Padilla to misadvice about potential civil commitment of sex offender

By Douglas A. Berman

I happen to be traveling back today from Florida where I had the honor and pleasure to speak to a group of Florida state appellate judges about the work and possible impact of the Supreme Court in recent cases such as Graham v. Florida and Padilla v. Kentucky.  In the course of that discussion, I asserted that the Sixth Amendment ruling in Padilla might readily get extended to cases involving the potential collateral consequences of pleading guilty to a sex offense.  And, perhaps as I was speaking, the Eleventh Circuit demonstrated my wisdom by handing down a notable little per curiam ruling in Bauder v. Department of Corrections State of Florida, No. 10-10657 (11th Cir. Sept. 13, 2010) (available here). Here are key parts of the unanimous panel's work in Bauder: The State of Florida appeals the district court?s grant of Gary William Bauder?s petition for habeas corpus under § 2254, in which the district court ruled that Bauder?s criminal defense attorney was ineffective by misadvising Bauder regarding the possibility of being civilly committed as a result of pleading to a charge of aggravated stalking of a minor...continue to full post

Full post as published by Sentencing Law and Policy on September 13, 2010 (boomark / email).