Two Supreme Court grants of certiorari should be of interest to MJ practitioners. Here are links to SCOTUSBLog for the case materials.
Missouri v. Frye
Issue: Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel’s error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms? 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?
- Petition for certiorari
- Brief in opposition
- Amicus brief of Connecticut and eleven other states
- Petitioner’s reply
Lafler v. Cooper
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.