Supreme Judicial Court, September 13, 2013

In Commonwealth v. Clarke, 460 Mass. 30, 34, 37, 45 (2011) (Clarke), the Court held that the rule announced in Padilla v. Kentucky, 130 S. Ct. 1473, 1483, 1486 (2010) (Padilla), regarding a criminal defendant's right under the Sixth Amendment to the United States Constitution to accurate advice as to the deportation consequences of a guilty plea, was not a "new" rule under Teague v. Lane, 489 U.S. 288, 301, 310 (1989), and therefore applied retroactively to cases on collateral review. 

The United States Supreme Court decided Chaidez v. United States, 133 S. Ct. 1103, 1105, 1111 (2013) (Chaidez), which held that Padilla did announce a "new" rule under Teague and, thus, does not apply retroactively to collateral challenges under Federal law.

In light of Chaidez, the Court affirmed their decision in Clarke concluding that the Sixth Amendment right enunciated in Padilla was not a "new" rule and, consequently, defendants whose State law convictions were final after April 1, 1997, may attack their convictions collaterally on Padilla grounds.

 Under art. 12 of the Massachusetts Declaration of Rights, defense counsel has a duty to provide noncitizen defendants with accurate advice regarding the deportation consequences of pleading guilty or being convicted at trial and that this right also applies retroactively to cases on collateral review.