It does not look like there has been any movement on the last Padilla thread in a few months, so I'll kick the tires this morning. So unless SCOTUS takes up the retroactivity issue at the beginning of the term or somehow the CCA figures out a way to resolve Tanklevskaya and others very quickly, right now this whole thing is still just a mess. I have one that is going to be due at the 1st COA pretty soon. How is everyone else arguing these at this point? Any ideas or pearls of wisdom on a Friday?
Thank you Martin. I hope everyone else that has one of these sitting on their desk right now will take advantage of your post.
Yes, it's a mess. Basically right now we're just arguing that it shouldn't be retroactive and seeing what happens. Given that both the Supremes and the CCA have taken up the issue, I have a feeling the lower courts will be trying to sit on the issue for a while.
The 1st COA set Gomez v. State for an accelerated appeal and my brief is due on 1/18. I don't know if this means we are going to be any closer to a resolution on this issue or not, but I'll make sure to report back whatever the result.
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