PLEA BARGAINING / RIGHT TO EFFECTIVE ASSISTANCE Flashcards

Generally; plea bargaining

1
Q

effective assistance of counsel test (Strickland)

A

(1) objective deficiency + (2) reasonable probability of different outcome (prejudiced Δ)

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2
Q

“different outcome” / general prejudice standard for pleas

A

reasonable probability Δ would’ve accepted plea with effective assistance + reasonable probability prosecution/court would not have canceled/rejected plea

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3
Q

Hill prejudice standard (pleas)

A

Δ must show reasonable probability that but for counsel’s errors, Δ would not have pled guilty & would’ve gone to trial

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4
Q

right to plea?

A

no right to plea & court does not have to accept plea

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5
Q

Padilla rule (different from Lee rule)

A

defense counsel must advise non-citizen clients about deportation risks of guilty plea

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6
Q

duty to communicate plea offers

A

defense counsel has duty to communicate formal offers from prosecution to accept pleas on terms & conditions that may be favorable to Δ

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7
Q

prejudice standard: plea lapsed or rejected due to deficiency

A

general prejudice standard for pleas + Δ must show reasonable probability end result of criminal process would’ve been more favorable through plea to lesser charger or shorter sentence

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8
Q

prejudice standard: defense counsel fails to communicate plea offer to Δ (Missouri v. Frye)

A

same as regular plea standard (reasonable probability of different outcome had Δ accepted plea + reasonable probability prosecutor/court would not cancelled/rejected plea)

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9
Q

prejudice standard: deficiency results in rejection of plea offer & Δ convicted at trial (Lafler v. Cooper)

A

reasonable probability that 1) Δ would’ve accepted plea + 2) state would not have withdrawn plea + 3) court would’ve accepted plea + 4) conviction/sentence under plea terms less severe than those imposed

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10
Q

Lee rule (other immigration case, fact of prejudice)

A

if acceptance of plea not related to trial outcome but some other consequence (e.g., deportation), Δ may show prejudice by providing evidence contemporaneous with acceptance of plea that Δ would’ve rejected plea if nto for erroneous advice of counsel

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11
Q

Bordenkircher ruling (prosecutor threat to further indict if Δ refuses plea offer)

A

Due Process Clause of 14th Amendment not violated when state prosecutor carries out threat made during plea negotaitions to reindict Δ on more serious charges (for which Δ is plainly subject to prosecution) if Δ refuses to accept plea for originally charged offense; not prosecutorial vindictiveness

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12
Q

Santobello ruling (new prosecutor breaches plea terms)

A

judgment against Δ vacated when new prosecutor failed to abide by plea agreement terms established by prior prosecutor & Δ; note: prosecutor can withdraw 1st plea offer & Δ who pled guilty to 2nd, worse plea offer later not entitled to enforce original offer

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13
Q

McMann ruling (Δ pled guilty & later claimed plea motivated by coerced confession)

A

an otherwise valid guilty plea cannot be impeached in collateral proceedings by assertions or proof that plea was motivated by prior coerced confession); court: Δ shouldn’t have pled guilty if Δ wanted to argue this

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14
Q

Effect of guilty plea on defenses

A

guilty plea may operate as forfeiture of all defenses except those that once raised can’t be cured (ex. a constitutional violation like right to speedy trial)

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15
Q

Characteristics of valid guilty plea

A

voluntary, knowing, & intelligent (Brady v. US)

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16
Q

Brady v. US rule

A

guilty plea not unconstitutionally compelled when Δ pleads guilty because they’d prefer a certain or probable lesser penalty to risk of greater penalty