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SCOTUS: Two cert grants on ineffective assistance in guilty pleas

By John Wesley Hall, Jr.

Lafler v. Cooper, 10-209, opinion below: 376 Fed. App. 563 (6th Cir. 2010) Issue: Whether a state habeas petitioner is entitled to relief when his counsel deficiently advises him to reject a favorable plea bargain but the defendant is later convicted and sentenced pursuant to a fair trial. Missouri v. Frye, 10-444, opinion below: 311 S.W.3d 350 (Mo. App. 2010) Issue: Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (985)--which held that a defendant must allege that, but for counsel's error, the defendant would have gone to trial--can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of counsel by alleging instead that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms? In addition to the questions presented by the petitions the Parties are directed to brief and argue the following question: “What remedy, if any, should be provided for ineffective Assistance of counsel during plea bargain negotiations if the Defendant was later convicted and sentenced pursuant to Constitutionally adequate procedures?”continue to full post

Full post as published by Law Of Criminal Defense on January 09, 2011 (boomark / email).