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Student Project: Padilla v. Kentucky - Immigration Consequences of a Conviction: Retroactivity of Padilla in State Courts

This research guide provides primary and secondary sources pertaining to the United States Supreme Court decision Padilla v. Kentucky and its aftermath.


The question of retroactivity is governed by: Teague v. Lane, 489 U.S. 288 (1989). Courts considering whether to apply Padilla retroactively must first decide if Padilla announced a new rule and, if so, whether that rule falls under either of Teague’s two exceptions:

Padilla Retroactive in Massachusetts

Padilla Retroactive in New Mexico

Teague v. Lane, 489 U.S. 288 (1989)

Padilla NOT Retroactive in New York

Padilla NOT Retroactive in South Dakota

Padilla NOT Retroactive in Maryland