Supreme Court Decisions Expand Defendants' Plea Bargain Rights

Two decisions announced by the U.S. Supreme Court yesterday significantly expand the plea-bargaining rights of criminal defendants in the context of ineffective-assistance-of-counsel claims. In Missouri v. Frye, the Court held that a defendant may assert a claim for ineffective assistance of counsel based on failure of counsel to notify the defendant of a favorable plea offer that lapsed—if the defendant can also show a reasonable probability that neither the prosecution nor the trial court would have prevented the acceptance and implementation of the plea. In Lafler v. Cooper, the Court ruled that a defendant who receives ineffective advice that results in rejection of a plea offer and conviction at trial may be entitled to relief from the sentence after conviction, but the proper remedy will be tailored to the defendant's circumstances.   

Read detailed accounts of the Missouri v. Frye decision and the Lafler v. Cooper decision in our Supreme Court Update.