Articles Tagged with Pretrial Negotiations

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?

Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients.  As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over.  But, . . . .

Post Padilla: Padilla’s Puzzles for Review in State and Federal Courts

Vanderbilt Law Research Paper Series
Vanderbilt University Law School
Nancy J. King
Vanderbilt Law School
Gray Proctor
affiliation not provided to SSRN
Federal Sentencing Reporter, Volume 23, Issue 3 (Feb 2011)

SCOTUSBlog has the 3 June 2010 petitions to watch at SCOTUS.  Here is an interesting one.

Title: Jones v. Williams
Docket: 09-948
Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced in a fair trial, on the ground that the remedy the Oklahoma Court of Criminal Appeals gave to the defendant was constitutionally inadequate, given that the Supreme Court has not clearly established what remedy, if any, is appropriate for ineffective assistance of counsel in such a case.

The relevant “facts.” image