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Padilla Motions Padilla Motions – Trial Attorney What if she won’t talk to you?What if she won’t talk to you? Or sign.

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Presentation on theme: "Padilla Motions Padilla Motions – Trial Attorney What if she won’t talk to you?What if she won’t talk to you? Or sign."— Presentation transcript:

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18 Padilla Motions

19 Padilla Motions – Trial Attorney What if she won’t talk to you?What if she won’t talk to you? Or sign affidavit?Or sign affidavit? Or testify?Or testify?

20 Padilla Motions - Defendant Must provide affidavitMust provide affidavit What if he testifies – 5 th A?What if he testifies – 5 th A? What if he’s unavailable?What if he’s unavailable? –ICE custody –deported

21 Padilla Motions – Rule 30 While better practice to have evidentiary hearing, Comm v. Muniur M., 467 Mass (2014) See Rule 30(c)(3) – may be disposed of without hearing “if no substantial issue is raised” – does this apply to denial AND allowance of motion?

22 Padilla Motions – Rule 30(cont.) Rule 30(c)(6) – may be decided without presence of the defendantRule 30(c)(6) – may be decided without presence of the defendant Next Up?Next Up?  Comm v. Sylvain II P-1040 motion allowed based on testimony AND affidavits

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